^ 

u 


LIBRARY 

OF    THE 

UNIVERSITY  OF  CALIFORNIA. 


/TV 


THE  GOVERNMENT 
OF  WYOMING 


The    History,    Constitution   and 
Administration    of  Affairs 


There  are  no  points  of  the  compass 
on  the  chart  of  true  patriotism. 

WINTHROP. 


BY 

GRACE  RAYMOND  HEBARD 

Librarian  of  the  State  University 
of  Wyoming 


HflJ&itafen:  &  l&ap  Company 

(.INCORPORATED) 
PUBLISHERS 

SAN     FRANCISCO 
1904 


Copyright,   1904 

by 
Grace  Raymond  Hebard 


Jin  S^emorp  of 

an 
Jtoeal  Citi^n 


PREFACE. 

The  contents  of  Part  II  in  this  text-book  are  particularly 
recommended  to  the  teachers  and  pupils  who  are  pre- 
paring for  an  examination  on  the  subject  of  the  Govern- 
ment of  Wyoming.  The  different  parts  of  the  book  may 
be  used  as  three  separate  text-books.  While  closely  related 
they  are  not  dependent  one  on  the  other.  The  interest 
taken  at  this  time  in  the  Louisiana  Purchase  and  the  Lewis 
and  Clark  Expedition  warrants  at  least  a  passing  notice 
on  account  of  their  relation  to  the  early  history  of  Wyoming. 
The  Convention  which  formulated  our  Constitution  is  as 
important  as  the  legislatures  that  enact  our  laws,  hence,  it 
should  have  its  place.  These  facts  and  a  brief  mention  of 
the  explorers  and  the  territorial  days  form  Part  I.  The 
application  of  the  laws  and  the  operation  of  the  governing 
boards  should  be  familiar  to  all  of  those  who  desire  to 
know  what  the  governing  principles  are  which  regulate  the 
State's  machinery ;  these  constitute  Part  III. 

The  author  wishes  to  express  an  appreciation  of  the  as- 
sistance received  from  those  who  have  furnished  data,  sug- 
gestions and  illustrations  and  to  those  also,  who  have  read 
the  manuscript  and  corrected  proof. 

The  University  of  Wyoming, 
Laramie,  May  13,  1904. 


CONTENTS. 

PART  I. 
THE  HISTORY  OF  WYOMING. 

CHAPTER    I. 
WYOMING  IN  THE  TERRITORIAL  GROWTH  OF  THE  UNITED  STATES,     n 

CHAPTER  II. 

CHRONOLOGY  OF  EVENTS  THAT  LED  TO  THE  OCCUPATION  OF  THE 
TERRITORY  WEST  OF  THE  MISSISSIPPI  RIVER 16 

CHAPTER  III. 
THE  MAKING  OF  WYOMING .27 

CHAPTER  IV. 
THE     LOUISIANA     PURCHASE 31 

CHAPTER  V. 
EXPLORERS 35 

CHAPTER  VI. 
THE    TERRITORY    OF    WYOMING 42 

CHAPTER  VII. 
FROM  TERRITORY  TO  STATE 52 

PART  II. 
THE  CONSTITUTION  OF  WYOMING. 

CHAPTER  VIII. 

THE  FORMATION  OF  A  CONSTITUTION 60 

CHAPTER  IX. 

THE   LEGISLATIVE   DEPARTMENT 69 

CHAPTER  X. 

THE  EXECUTIVE  DEPARTMENT 77 

CHAPTER  XL 
THE  JUDICIAL  DEPARTMENT 83 

CHAPTER  XII. 
RELIGION,  EDUCATION  AND  FRANCHISE 91 

CHAPTER  XIII. 
TREASON,  IMPEACHMENT,  BRIBERY  AND  RIGHTS 99 

CHAPTER  XIV. 
STATE  FINANCES 103 

CHAPTER  XV. 
STATE  OFFICERS  107 


CHAPTER  XVI. 

STATE  LANDS,,  WATER,  LABOR,  CORPORATIONS,  MILITIA  AND  PUB- 
LIC BUILDINGS 114 

PART  III. 
THE  ADMINISTRATION  OF  AFFAIRS  IN  WYOMING. 

CHAPTER  XVII. 

THE  ADMINISTRATION  OF  JUSTICE 125 

CHAPTER  XVIII. 

ELECTIONS 135 

CHAPTER  XIX. 

EDUCATION   AND   SCHOOL   LAWS 144 

CHAPTER  XX. 

IRRIGATION  AND  FOREST  RESERVES 155 

CHAPTER  XXI. 
GOVERNMENT  IN  THE  DISTRICT,  TOWN,  CITY,  COUNTY  AND  STATE     164 

CHAPTER  XXII. 
GOVERNMENT  IN  THE  DISTRICT,  TOWN,  CITY,  COUNTY  AND  STATE 

(Continued) 176 

APPENDIX  A. 

CONSTITUTION  OF  THE  STATE  OF  WYOMING 199 

APPENDIX  B. 

STATE  BUILDINGS 238 

APPENDIX  C. 

GOVERNORS  OF  WYOMING 239 

APPENDIX  D. 

THE  SUPREME  COURT  OF  WYOMING 240 

APPENDIX  E. 
DELEGATES  TO  CONGRESS  FROM  WYOMING  TERRITORY     ....     241 

APPENDIX  F. 
STATE    ELECTIVE   OFFICERS 242 


PART   I 
THE   HISTORY  OF  WYOMING 


I/." 
CHAPTER   I. 

WYOMING  IN  THE  TERRITORIAL  GROWTH  OF  THE  UNITED 

STATES. 

Wyoming  occupies  an  unique  position  on  the  map  of  the 
United  States.  It  is  the  only  State  that  contains  lands  ob- 
tained from  all  four  of  our  principal  annexations  which  form 
the  territory  west  of  the  Mississippi  river.  The  land  cov- 
ered by  the  original  thirteen  States  included  all  of  the  States 
east  of  the  Mississippi  river  except  Florida  which  was  ceded 
to  us  by  Spain  in  1819.  Alaska  was  purchased  from  Rus- 
sia in  1867.  All  of  the  States  and  territories  between  the 
Mississippi  and  the  Pacific  Ocean  were  acquired  under  one 
minor  and  four  principal  titles : 

The  Louisiana  Purchase,  1803. 

The  Oregon   Country,   1792,   1805,   1811,   1819  and 

1846. 

Texas  Annexation,  1845. 
Mexican  Cession,   1848. 
Gadsden  Purchase,  1853. 

The  first  four  of  these  contained  lands  that  now  make 
up  the  State  of  Wyoming  and  deserve  special  mention  be- 
cause they  are  a  part  of  the  early  history  of  the  State. 

The  Gadsden  Purchase,  also  known  as  the  second  Mexi- 
can Cession,  only  embraces  a  small  part  of  southern  Ari- 
zona and  New  Mexico. 

The  Mexican  territory  constitutes  all  of  California,  Ne- 
vada, Utah  and  parts  of  Arizona,  New  Mexico,  Colorado 
and  Wyoming.  (All  of  Sweetwater  County,  the  south- 
western part  of  Carbon  and  southern  part  of  Uinta.) 

The  Texas  Annexation  includes  all  of  the  State  of  Texas 
and  parts  of  New  Mexico,  Colorado,  Kansas,  Oklahoma 
and  Wyoming.  (Most  of  Carbon  County  and  the  south- 
western part  of  Albany.) 


12  THE     GOVERNMENT    OF    WYOMING. 

The  Oregon  Country  which  was  acquired  by  discovery 
in  1792,  by  exploration  in  1805,  by  the  Astoria  Settlement 
in  1811,  by  the  Florida  Treaty  in  1819  and  by  acknowledged 
title  by  Great  Britain  in  1846,  embraces  all  of  Oregon, 
Washington,  and  Idaho  and  parts  of  Montana  and  Wyom- 
ing. (The  northwestern  part  of  Sweetwater  County,  the 
western  part  of  Fremont,  and  the  northern  part  of  Uinta 
together  with  the  southern  part  of  the  Yellowstone  Park.) 

The  Louisiana  Purchase  from  France  comprises  all  of 
the  vast  territory  in  Louisiana,  Arkansas,  Missouri,  Iowa, 
North  and  South  Dakota,  Nebraska,  Kansas,  Indian  Ter- 
ritory, Oklahoma  and  parts  of  Minnesota,  Kansas,  Colorado, 
Montana  and  Wyoming.  (All  of  Crook,  Weston,  Converse, 
Laramie,  Sheridan,  Johnson,  Natrona,  Big  Horn  and  part 
of  Albany,  Carbon,  Fremont  and  the  Yellowstone  Park.) 

The  lands  included  in  these  eight  different  stages  of  ex- 
pansion constitute  all  the  territory  owned  by  the  United 
States  except  Hawaii,  which  was  acquired  in  1898  and  the 
Islands  obtained  in  the  late  Spanish  War. 

A  more  detailed  account  of  the  manner  in  which  our 
country  was  discovered  and  how  we  obtained  title  to  the 
region  west  of  the  Mississippi  will  be  found  in  the  following 
tables.  An  effort  has  been  made  to  trace  step  by  step  all 
the  transactions  made  to  give  Wyoming  a  clear  "abstract 
of  title."  All  of  the  land  in  this  unexplored  WTest  was  com- 
prised in  the  "Great  American  Desert"  inhabited  by  tribes 
of  unknown  Indians  and  herds  of  wild  buffalo.  Title  comes 
to  a  country  by  the  right  of  discovery,  or  exploration,  by 
conquest  or  war,  by  settlement  or  purchase  or  gift.  Lands 
first  discovered  have  no  need  of  conquest.  They  belong  to 
the  discoverer  by  "right  of  discovery."  If  the  land  explored 
has  been  discovered  before  and  is  in  doubtful  possession 
title  in  the  name  of  the  country  from  where  the  explorers 
came  is  made  by  conquest.  The  title  is  better  secured  by 
a  permanent  settlement  and  a  guarding  of  the  possession 


THE     HISTORY     OF    WYOMING.  15 

against  land  seekers.  When  land  is  purchased  it  is  presumed 
that  the  contracting  nation  has  a  perfect  title  to  the  land 
which  passes  to  the  purchaser.  Lands  within  the  bound- 
aries of  Wyoming  have  passed  through  all  of  these  stages, 
having  been  discovered  and  explored  by  the  early  trappers, 
conquered  from  the  Indians  and  purchased  from  France, 
Mexico  and  Texas.  The  titled  interests  of  Wyoming  in  a 
measure  begin  with  Columbus  and  end  with  the  date  of  our 
Statehood,  July  10,  1890,  or  from  the  period  when  the  west- 
ern hemisphere  was  discovered  to  that  time  when  we  took 
our  place  in  the  Union  as  one  of  the  States  with  self-gov- 
ernment and  a  separate  Constitution. 


CHAPTER   II. 

CHRONOLOGY  OF  EVENTS  THAT  LED  TO  THE  OCCUPATION 

OF  THE  TERRITORY  WEST  OF  THE 

MISSISSIPPI  RIVER. 

SPANISH  RULE. 

(The  following  tables  trace  the  possessors  of  the  land,  by  the 
different  nations  through  their  explorers  and  settlements,  which 
is  now  included  within  the  boundaries  of  Wyoming.  Had  the 
existence  of  this  area  been  known  and  had  there  been  settlers 
thereon  they  would  have  been  under  the  rule  of  the  following 
nations  and  their  respective  rulers.  It  must  be  remembered, 
however,  that  Wyoming  was  not  even  explored;  that  it  was  a 
vast  unknown  country,  inhabited  by  savage  tribes  of  Indians, 
their  very  existence  then  being  unknown  to  civilization.) 

1479-1516.    Ferdinand  I  of  Aragon. 
Isabella  of  Castile. 

I. 
THE  NEW  WORLD. 

1492.  Columbus     makes     the     first     voyage,     discovers 
Guanahani,  Cuba  and  San  Domingo.     Takes  pos- 
session of  Guanahani  in  the  name  of  the  King  and 
Queen  of  Spain. 

1493.  Bull  of  Demarcation  by  Pope  Alexander  VI.  on 
which  Spain  rested  her  claims  to  the  New  World. 

1494.  Columbus    explores   the    southern    coast   of    Cuba 
and  discovers  Jamaica. 

1498.  Columbus  reaches  the  northeastern  corner  of  South 
America  and  discovers  the  river  Orinoco. 

1502.  Columbus  coasts  along  the  eastern  shores  of  Cen- 
tral America  from  Honduras  to  the  Isthmus  of 
Panama,  still  in  the  belief  that  what  he  had  dis- 
covered belonged  to  the  Asiatic  mainland. 

1513.  Vasco  Nunez  de  Balboa  discovers  the  Pacific 
ocean,  called  by  him  the  Mar  de  Sur,  or  South 
Sea. 

1520.  Fernando  de  Magalhaens  penetrates  from  the  At- 
lantic into  the  Pacific  ocean.  America  known  to 
be  a  Continent. 


THE    HISTORY    OF    WYOMING.  17 

II. 

DISCOVERY  OF  A  NORTHERN  CONTINENT.     EXPLORATION  OF  THE  IN- 
TERIOR. 

Ferdinand  I. 

1513.  Ponce  de  Leon  discovers  Florida  by  sailing 
around  the  southern  edge  and  traveling  along  the 
western  coast  as  far  as  Tampa  Bay. 

Charles  I. 

1517.    Slavers  reach  the  coast  of  Yucatan. 
1519.    Pineda  discovers  the  mouth  of  the  Mississippi. 
1519-1521.    Cortez  conquers  Mexico. 

III. 
EXPEDITIONS  INTO  THE  INTERIOR  OF  MEXICO. 

1528.  Narvaez  leads  an  expedition  to  the  southern  coast 
of  the  United  States.  Cabeza  de  Vaca  tells  the 
story  of  the  "Seven  Cities  of  Cibola." 

1539.  Friar  Marcos  penetrates  beyond  the  desert  of  the 
Pueblo  region. 

1540-1542.  Coronado's  expedition  reaches  the  boundary 
of  Nebraska,  through  Colorado  and  the  present 
New  Mexico. 

SPANISH   DISCOVERY  OF  THE  NORTHWEST. 
(a)  By  the  Coast  Line. 

1533.  The  exploration  of  Southern  California  is  started 
by  Jimenez,  who  discovers  the  southern  part  of 
the  California  peninsula.  These  explorations  are 
intermittently  repeated  with  more  or  less  success, 
especially  after  1750.  Finally 

1775.  The  expedition  under  Heceta  reaches  49°,  ex- 
plores the  shore  and  claims  to  have  discovered 
Columbia  River.  Another  craft  of  the  same  ex- 
pedition reaches  58°.  The  coast  from  42°  —  55° 
is  formally  taken  possession  of  for  Spain. 

(b)  Inland  Route. 

1540-42.  Expedition  of  Coronado,  as  already  referred 
to,  was  not  surpassed  for  more  than  200  years. 


18  THE     GOVERNMENT    OF    WYOMING. 

The  coast  region,  however,  and  parts  of  the  in- 
terior of  California,  Colorado,  New  Mexico  and 
the  Northern  portion  of  Texas  were  explored  and 
to  some  extent  settled. 

1776.  The  expedition  of  Escalante  reaches  Utah  Lake 
above  40°.  The  whole  coast  region  up  to  37°  is 
now  occupied.  Towns  are  founded,  overland 
routes  established.  In  1773  the  region  of  Upper 
California  is  parcelled  out  into  government  dis- 
tricts. No  further  advance  by  land  until  1800. 


FRENCH  DISCOVERY  OF  MISSISSIPPI  REGION. 

1519.  Beginning  with  the  Spanish,  Pineda  discovers 
the  mouth  of  the  Mississippi. 

1539-43.  De  Soto's  inland  wanderings,  contemporary 
with  those  of  Cartier. 

1541-42.  From  not  far  from  the  mouth  of  the  Arkansas, 
the  Spaniards  make  a  long  tour  to  the  West,  re- 
turn to  Mississippi  and  reach  the  Gulf.  De  Soto's 
wanderings  through  the  territory  of  Florida^ 
Georgia,  Alabama,  Arkansas,  Texas  and  Louisi- 
ana well  established. 

1670.  Hudson  Bay  Company  is  formed  and  posts  are 
established  in  region  adjoining  the  Bay.  Also 
French  Company  formed  and  in  ensuing  con- 
tentions the  forts  change  hands  many  times. 

1673.  Joliet  and  Pere  Marquette  cross  over  from  Lake 
Michigan  to  Wisconsin  River  down  to  the  Mis- 
sissippi and  to  the  mouth  of  the  Arkansas  and  the 
northern  limits  of  De  Soto's  wanderings.  It  is 
decided  that  the  Mississippi  flows  into  the  Gulf 
and  not  into  the  Pacific. 

1680.  Hennepin  is  sent  by  La  Salle  down  the  Illinois 
and  from  there  up  the  Mississippi  to  45°  half  way 
across  the  Continent  from  East  to  West. 

1682.  La  Salle  descends  Mississippi  to  the  Gulf  and 
erects  a  fort  at  the  Mouth  of  the  Ohio.  Thus  Mis- 
sissippi valley  is  added  to  the  domain  of  New 
France. 


THE     HISTORY     OF     WYOMING.  19 

1685.  La  Salle  comes  with  a  colony  from  France  and 
missing  the  mouth  of  the  Mississippi  is  cast  away 
on  Texan  shore,  where  a  fort  is  built  and  formal 
possession  is  taken  for  France. 

1699.  Iberville  and  Bienville  come  and  found  permanent 
settlement  in  Louisiana.  In  the  north  French 
trappers  range  the  country  as  far  as  and  beyond 
the  Upper  Mississippi  visited  by  Hennepin. 

1712.  Crozat  is  given  exclusive  commercial  privileges 
in  Louisiana. 

1716.  John  Law's  financial  experiment. 

1717.  Crozat's  monopoly  fails. 

1720.    Bursting  of  the  "  Mississippi  Bubble." 
1727.    The  French  explore  to  a  point  above  the  Kansas. 
1731-43.    Verendrye  attempts  to  form  a  line  of  trading 
posts  across  the  Continent. 

1742.  Upper  Missouri  River  ascended  to  region  above 
Yellowstone. 

1743.  The  Verendryes  reach  base  of  the  Rocky  Moun- 
tains in  what  is  now  Montana. 

1755.  England  and  France  at  war  over  boundary. 
Seven  Years'  War  results. 

1762.  Family  compact  between  France  and  Spain. 

1763.  Transfer  of  territory  after  Seven  Years'  War  gives 

Spain  (from  France)  city  of  New  Orleans  and 
all  territory  between  the  Mississippi  River  and 
the  Rocky  Mountains.  France  does  not  own  an 
inland  acre  of  land  in  North  America. 

1800.  Treaty  of  San  Ildefonso  transfers  entire  province 
of  Louisiana  back  to  France. 

1803.  Louisiana  Purchase  for  $15,000,000  includes  all  of 
Louisiana,  Arkansas,  Missouri,  Iowa,  North  and 
South  Dakota,  Nebraska  and  parts  of  Montana,  of 
Minnesota,  Colorado,  Kansas,  Wyoming,  Okla- 
homa and  Indian  Territory. 


THE    OREGON    COUNTRY. 
AMERICAN  DOMAIN. 

1792.    Columbia  River  discovered  by  United  States  ex- 
plorer Robert  Gray  from  Boston. 


20  THE    GOVERNMENT    OF    WYOMING. 

1805.  Explorers  Lewis  and  Clark  travel  up  the  Mis- 
souri to  its  source.  Go  down  Columbia  River 
to  the  Pacific  Ocean. 

1811.  John  Jacob  Astor  settlements  on  southern  bank  of 
Columbia  River. 

1819.  By  the  Florida  Treaty  Spain  cedes  to  the  United 
States  all  claims  she  might  have  by  earlier  ex- 
plorers to  land  embraced  in  Oregon,  Idaho  and 
parts  of  Montana  and  Wyoming  and  lays  no  claim 
north  of  42°  because  of  no  definite  historic  evi- 
dence of  actual  explorations  or  settlements. 

1818.  Contract  between  England  and  the  United  States 
to    reorganize    this    territory    as    neutral    ground. 
United    States    and    Britain   both    claim   the    land 
between  California  on  the  south  to  42°,  which  was 
owned  by  Mexico,  and  Alaska  on  the  north,  which 
was  owned  by  Russia,  to  54°  40'. 

1819.  By  terms  of  treaty  United  States  claims  land  to 
54°   40'. 

1842.  Boundary  War  agitation.  "  Fifty-four  forty  or 
Fight  "  cry. 

1846.  Compromise  under  President  Tyler's  adminis- 
tration agrees  on  49°  parallel  as  the  north  boun- 
dary of  England.  Had  we  forced  our  claim  for 
54°  40'  we  would  have  had  complete  mastery  of 
the  Pacific  Ocean  and  the  settlement  in  1903  of  the 
Canadian  line  would  have  been  avoided. 

MEXICO. 

1824.  United  States  of  Mexico  organized  into  a  repub- 
lic, separating  itself  from  Spain;  President  Vic- 
toria; contains  besides  Mexico  all  of  California, 
Nevada,  Utah  and  Texas,  Arizona,  and  parts  of 
New  Mexico,  Colorado  and  Wyoming. 

1833.  Trouble  between  the  United  States  and  Mexico 
over  Texas,  which  Mexico  refuses  to  sell. 

1836.    Texas  severs  its  connection  with  Mexico. 

1848.  Treaty  of  Guadalupe-Hidalgo  gives  all  of  the 
territory  north  of  Mexico  to  the  United  States. 
President  Herrera  in  command.  (Contains  all 
the  original  Republic  of  1824  now  in  the  United 


o      u      is      i      A      H  m 


WY 

Boundary  lines  of  the  Louisiana  Purchase,   the  Mexican  Cess 


ING. 


'IVx;is  Annexation  and  Oregon  Territory  in  Wyoming. 


THE     HISTORY     OF    WYOMING.  25> 

States  except  Texas,  which  at  this  time  includes 
also  part  of  New  Mexico,  Oklahoma,  Kansas, 
Colorado  and  Wyoming.) 

TEXAS. 

1836.  Severs  its  connection  with  the  Republic  of  Mex- 
ico and  has  a  separate  government;  includes  a*ll 
of  the  present  Texas,  part  of  New  Mexico,  Okla- 
homa, Kansas,  Colorado  and  Wyoming.  "  Lone 
Star  "  State  has  a  series  of  governors  from  Bur- 
nett to  Jones. 

1845.  Becomes  a  State  of  the  United  States  with  boun- 
daries as  in  1836. 


GOVERNMENTS    OVER    WYOMING. 
MEXICAN  SECESSION. 

1519-1821.  Spanish. 

1821-1824.  War  of  Independence. 

1824-1848.  Republic  under  different  Presidents. 

1848-1904.  United  States. 

TEXAS  ANNEXATION. 

1519-1821.  Spanish. 

1821-1836.  Mexican. 

1836-1845.  Texas. 

1845-1904.  United  States. 

OREGON  COUNTRY. 

1792-1904.    United  States. 

(No    valid    claim    granted    Spain.) 

LOUISIANA  PURCHASE. 

1519-1763.  French. 

1763-1800.  Spanish 

1800-1803.  French 

1803-1904.  United  States. 


26  THE     GOVERNMENT    OF    WYOMING. 

RULERS    OVER    WYOMING. 

SPAIN. 

Ferdinand    and    Isabella: 1479-1516. 

Charles     I: 1516-1556. 

Philip     II: 1556-1598. 

Philip    III: 1598-1621. 

Philip    IV: 1621-1665. 

Charles    II: 1665-1700. 

Philip     V: 1700-1746. 

Ferdinand  VI: 1746-1759. 

Charles     III: 1759-1788. 

Charles  IV: 1788-1808. 

Ferdinand    VII: 

Joseph   Bonaparte: 

Ferdinand    VII:    .  1813-1833. 


...     1808-1813. 


FRANCE. 
The  Valois  Line. 

Francis     I:         1515-1547. 

Henry     II:         1547-1559. 

Francis   II: 1559-1560. 

Charles    IX: -.     .     .     .  1560-1574. 

Henry  III: 1574-1589. 

The  Bourbon  Line. 

Henry   IV: 1589-1610. 

Louis     XIII: 1610-1643. 

Louis  XIV: 1643-1715. 

Louis    XV:        1715-1774. 

Louis  XVI: 1774-1792. 

The    Republic 1792-1799. 

The  Consulate  .  1799-1804. 


CHAPTER   III. 

THE  MAKING  OF  WYOMING. 

1803.  Wyoming  is   included  in  the  region  of  the   Lou- 
isiana Purchase  under  the  governorship  of  Clai- 
borne.     (Wyoming.) 

1804.  Territory  of  Orleans  formed  with  Lewis  as  Gov- 
ernor, appointed  by  Jefferson,  and  all  the  rest  of  the 
Louisiana    Purchase    is    called    the    Territory    of 
Louisiana,     having    Clark     for     Governor.    (Wyo- 
ming.) 

1805.  Aaron    Burr    and    partner    Blennerhassett    unsuc- 
cessfully  attempts   to   separate   territory   of   Lou- 
isiana Purchase  from  the  Union. 

1812-14.  England  unsuccessfully  attempts  to  take  the 
Louisiana  Purchase  Territory  and  thus  we  saw 
the  last  hostile  foreigners  to  encroach  on  our  soil. 

1812.  State  of  Louisiana  formed  and  all  the  Louisiana 
Territory    is    called    Missouri    Territory.     (Wyo- 
ming.) 

1813.  Clark     made     Governor     of     Missouri    Territory. 
(Wyoming.) 

1854.  Nebraska  Territory  formed  from  the  northwest- 
ern part  of  Louisiana  Territory.  This  includes 
the  present  boundaries  of  Nebraska,  all  of  Mon- 
tana east  of  the  Rocky  Mountains,  North  and 
South  Dakota  west  of  the  Missouri  River  and  all 
of  Wyoming  that  was  in  the  Louisiana  Purchase 
and  also  that  part  of  Wyoming  included  in  the 
Texas  Purchase. 

1861.  Dakota  Territory  formed  from  Minnesota  and 
Nebraska  Territory  by  taking  from  Nebraska  the 
portion  west  of  the  Missouri  River  (now  a  part  of 
North  and  South  Dakota)  and  the  part  of  Mon- 
tana embraced  in  the  Nebraska  Territory.  The 
Dakota  Territory  comprises  all  of  Wyoming  in 
the  Louisiana  Purchase  north  of  the  43°  line 
drawn  through  the  middle  of  the  east  and  west 
corners  of  Natrona  and  Fremont  Counties.  The 
southeastern  part  of  Wyoming  then  belongs  to 
Nebraska  Territory. 


28  THE     GOVERNMENT    OF    WYOMING. 

1848.  Oregon  Territory  formed  and  comprises  all  of 
Washington,  Oregon,  Idaho,  the  northwestern  por- 
tion of  Montana  and  all  that  part  of  Wyoming 
included  in  the  1819  Oregon  country  and  the  land 
ceded  to  the  United  States  in  the  Treaty  of  1846 
with  England. 

1853.  Washington  Territory  formed  from  a  part  of 
Oregon  embracing  a  portion  of  Idaho  and  Mon- 
tana, but  not  Wyoming. 

1859.  Oregon  becomes  a  State  and  that  portion  of 
Wyoming  which  was  included  in  the  Oregon  Ter- 
ritory since  1848  now  becomes  a  part  of  the  Wash- 
ington Territory,  which  consists  of  all  of  the 
original  Oregon  country  not  embraced  in  the 
State  of  Oregon. 

1863.  Idaho  becomes  a  Territory  and  is  formed  from 
Washington,  Dakota  and  Nebraska.  Idaho  em- 
braces all  of  its  present  boundaries,  all  of  Mon- 
tana and  all  of  Wyoming,  not  only  the  portion 
contained  in  the  Oregon  Territory,  but  all  of 
the  country  in  Wyoming  embraced  in  the  Dakota 
and  Nebraska  Territories  except  the  extreme 
southwestern  corner  which  had  belonged  to  Utah 
since  1850  and  came  to  us  by  the  Mexican  Grant. 
This  Mexican  Grant  originally  ran  to  a  line  nearly 
corresponding  to  the  western  county  line  of 
Carbon  County.  When  Idaho  Territory  was 
formed,  however,  this  southwest  area  was  reduced 
until  its  eastern  line  corresponded  with  the  east- 
ern boundary  of  Uinta  County,  33°  of  longitude, 
and  its  northern  boundary  was  the  extended 
southern  boundary  of  the  present  Idaho,  42nd  par- 
allel. 

1868.  This  southwestern  Mexico  territory  is  taken 
from  Utah  when  Wyoming  becomes  a  Territory. 

1850.  Utah  by  the  Guadalupe-Hidalgo  treaty  becomes 
a  Territory  from  Mexico.  As  such  it  includes  the 
southwest  corner  of  Wyoming.  This  territory 
is  again  reduced  by  the  creation  of  the  Idaho  Ter- 
ritory. Utah  holds  a  small  area  until  1868,  when 
Wyoming  becomes  a  Territory. 


THE     HISTORY     OF     WYOMING. 

1845-1850.  Texas  owns  a  small  portion  of  Wyoming, 
practically  all  of  Carbon  County  and  a  small  por- 
tion of  the  southwestern  corner  of  Albany 
County. 

1850.  Texas  sells  all  the  above  portion  of  Wyoming 
with  other  lands  to  our  Government  for 
$10,000,000.00. 

1854.  This  Texas  land  in  Wyoming  is  again  included 
in  the  Nebraska  Treaty,  which  is  formed  out  of 
the  original  Louisiana  Territory  or  Missouri  Ter- 
ritory. 

1864.  When  Montana  Territory  is  created  part  of 
Idaho  is  temporarily  restored  to  Dakota.  This 
portion  includes  all  of  Wyoming,  except  Uinta 
County  and  the  southern  half  of  Yellowstone 
Park.  Wyoming  is  now  under  the  jurisdiction  of 
Dakota,  Idaho  and  Utah  and  so  remains  until  the 
Territory  is  formed. 

1868.  Wyoming  admitted  as  a  Territory,  the  extreme 
southwest  corner  of  State,  embracing  about  one- 
third  of  Uinta  County,  coming  from  Utah.  The 
rest  of  the  county  is  a  part  of  Idaho  and  the 
remainder  of  the  State  is  taken  from  Dakota. 

1890.  Wyoming  admitted  as  a  State  after  having  had 
territorial  government,  embracing  land  from  the 
Gulf  of  Mexico  to  the  Canadian  line;  from  the 
western  banks  of  the  Mississippi  to  the  Pacific 
Ocean  and  under  rule  of 

1803,  Louisiana. 
1812,  Missouri. 
1845,  Texas. 
1848,  Oregon. 
1850,  Utah. 
1854,  Nebraska. 
1859,  Washington. 
1861,  Dakota. 

1863,  Idaho. 

1864,  Dakota. 
1868,  Wyoming. 

All  territorial  governments,  except  Texas. 


30  THE     GOVERNMENT    OF    WYOMING. 

STATE  BOUNDARIES. 
Constitution  of  Wyoming,  Section  i,  Article  XL 

The  Boundaries  of  Wyoming  shall  be  as  follows  : 

Commencing  at  the  intersection  of  the  twenty-seventh  meridian  of  longitude  west 
of  Washington  with  the  forty-fifth  degree  of  north  latitude,  and  running  thence  west  to 
the  thirty-fourth  meridian  of  west  longitude,  thence  south  to  the  forty-first  degree  of 
north  latitude,  thence  east  to  the  twenty-seventh  meridian  of  west  longitude  and  thence 
north  to  the  place  of  beginning. 

(The  State  boundaries  are  identical  with  those  of  the  Territory  admitted  in  1868). 


CHAPTER  IV. 
THE  LOUISIANA  PURCHASE. 

In  1763  Spain,  by  virtue  of  the  "Family  Compact"  of  1762, 
so  known  because  the  rulers  of  France  and  Spain  agreed  to 
defend  their  domains  against  the  whole  world,  took  posses- 
sion of  Louisiana  which  had  been  in  the  hands  of  France 
since  the  time  of  her  earliest  explorers.  During  1795  we 
entered  into  something  of  an  indefinite  sort  of  a  treaty  with 
Spain  to  use  the  mouth  of  the  Mississippi,  the  present  New 
Orleans,  as  a  deposit  for  our  products  coming  from  all  along 
the  Mississippi  and  which  were  to  be  exported.  Spain  pos- 
sessed both  banks  of  the  river  at  its  mouth  and  the  western 
shores  to  its  source,  while  United  States  only  possessed 
the  eastern  banks  and  had  no  seaport.  The  river  was  a 
highway  to  the  market,  and  New  Orleans  was  a  port  for  the 
output  of  the  settlers.  The  denial  of  the  free  use  of  the 
highway  was  a  real  injury  to  the  frontier  people.  There 
was  but  one  desire  of  the  American  people  and  that  was  the 
right  to  navigate  untrammeled  the  river  from  its  source  to 
its  mouth,  for  there  must  be  an  outlet  for  the  inland  pro- 
ducts. This  treaty  of  1795  was  only  a  temporary  arrange- 
ment and  at  its  best  most  uncertain.  Rumors  of  war,  of  a 
desire  to  take  the  mouth  of  the  Mississippi  by  force,  of  the 
discontent  as  to  a  condition  which  hindered  the  growth  and 
prosperity  of  all  those  who  were  dependent  upon  the  navi- 
gation of  the  Mississippi  to  get  their  goods  to  the  sea,  caused 
the  United  States  authorities  at  Washington  much  anxiety. 
Great  care  and  diplomacy  must  be  used  to  bring  about  the 
desired  result,  to  meet  the  demands  of  the  justly  restless 
farmers  and  producers.  These  people  were  demanding  for 
their  allegiance  to  the  United  States  protection  from  the 
United  States.  The  Government  had  for  some  time  realized 
the  importance  of  having  a  seaport  at  the  mouth  to  export 
the  products  in  order  that  the  result  of  the  laborers  in 
the  Mississippi  valley  might  be  profitable. 


"32  THE     GOVERNMENT    OF    WYOMING. 

France  was  dismayed  at  the  privilege  granted  by  Spain 
in  1795.  Napoleon  saw  a  possibility  of  regaining  the  lost 
New  France.  He  had  a  desire  to  limit  our  western  progress 
;and  confine  our  possessions  to  the  Eastern  shores  of  the 
Mississippi.  Spain,  however,  did  not  have  the  power  to 
T}ind  us  to  the  proposed  boundaries  and  transferred  all  of 
Louisiana  to  France  on  October  i,  1800,  by  a  secret  treaty 
which  gave  back  to  France  all  of  the  Territory  which  she 
-ceded  to  Spain  in  1763.  Vague  rumors  circulated  as  to 
this  unknown  real  estate  transfer  making  the  Mississippi 
settlers  restless  and  determined  to  fight.  Our  experience 
with  France  on  the  high  seas  had  been  of  such  a  nature  as 
to  make  this  move  far  from  reassuring. 

During  the  John  Adams  administration  an  envoy  was 
sent  to  France  to  adjust  the  difficulty.  An  interview  with 
the  French  authorities  would  not  be  granted  unless  we  paid 
a  stipulated  sum.  This  was  refused  when  our  envoy,  Pinck- 
ney,  made  the  famous  remark,  "Millions  for  defense  but  not 
one  cent  for  tribute." 

In  1802  Spain  closed  the  mouth  of  the  "father  of  waters" 
to  our  products  and  this  virtually  stopped  the  navigation 
of  the  river  by  the  citizens  of  the  United  States.  President 
Jefferson  and  the  administration  tried  to  plan  ways  and 
means  by  which  the  difficulty  could  be  overcome  and  Jeffer- 
son asked  Congress  to  appropriate  $2,000,000  to  be  given  to 
France  for  New  Orleans  and  West  Florida  which  would 
-carry  with  it  our  right  to  navigate  the  entire  length  of  the 
Mississippi.  Robert  R.  Livingston,  one  of  the  five  to  draft 
our  Constitution,  was  at  this  time  our  Minister  to  France. 
James  Monroe  in  the  early  spring  of  1803  was  sent  to  Paris 
as  a  special  envoy  to  assist  in  the  purchase  of  New  Orleans. 

Napoleon  Bonaparte,  First  Consul  of  the  Republic  of 
France,  had  at  this  time  involved  all  Europe  in  war.  He  was 
in  desperate  straits  for  money ;  he  was  in  much  urgent  need 
of  replenishing  his  depleted  purse  not  only  to  carry  on  the 
wars  already  begun  but  to  prepare  for  the  threatened  war 


THE     HISTORY     OF    WYOMING.  33 

with  England,  France's  old  enemy,  who  had  been  watching 
Napoleon's  unparalled  success  with  envious  eyes.  In  any 
event  he  could  hardly  expect  to  hold  Louisiana,  a  posses- 
sion at  so  great  a  distance  from  the  Mother  Country.  Barbe 
Marbois  was  not  only  the  Minister  of  the  Treasury  of  the 
Republic  of  France  but  was  the  confidential  and  trusted 
councilor  of  Napoleon  and  was  selected  by  him  as  a  pleni- 
potentiary for  this  sale.  These  four  statesmen,  two  of  whom 
had  taken  part  in  our  struggle  for  Independence  and  two  of 
whom  were  decidedly  conspicuous  in  the  movements  of  the 
French  Revolution,  perfected  an  agreement  by  which  all  of 
Louisiana  was  to  be  added  to  the  United  States. 

We  only  asked  for  New  Orleans  and  the  mouth  of  the 
Mississippi.  The  surprise  came  when  Napoleon  said :  "I 
renounce  Louisiana.  It  is  not  only  New  Orleans  that  I  will 
cede.  It  is  the  whole  country  without  reserve." 

The  price  was  $15,000,000  and  the  Treaty  was  signed 
April  30,  1803.  This  was  ratified  by  Congress  November 
3,  1803,  and  the  purchase  made  December  17,  1803,  when 
Livingston  remarked,  "We  have  lived  long  but  this  is  the 
noblest  work  of  our  lives." 

In  round  numbers  we  obtained  1,037,735  square  miles,  or 
about  664,150,000  acres,  at  two  and  one-fifth  cents  an  acre. 
For  a  sum  less  than  the  amount  which  has  been  appropriated 
to  properly  celebrate  the  hundredth  anniversary  of  this  event 
at  St.  Louis,*  a  territory  was  added  to  the  United  States 
which  now  comprises  twelve  of  our  States  and  two  of  our 
Territories,  and  which  moreover  occupies  one  third  of  the 
area  of  the  United  States  and  contains  one  fifth  of  the  peo- 
ple of  America.  The  purchase  gave  us  the  control  of  the 
Mississippi  and  its  tributaries,  and  it  gave  us  a  commercial 
highway.  It  more  properly  might  be  called  the  acquisition 
of  both  the  Mississippi  and  the  Missouri  rivers,  as  it  in- 
cludes the  entire  length  of  the  Missouri  to  its  head  waters 

*The  Exposition  at  St.  Louis  to  celebrate  this  purchase  cost  $50,000,000.00 — more 
than  three  limes  the  purchase  price. 


34  THE     GOVERNMENT    OF    WYOMING. 

in  the  Rocky  Mountains.  To  emphasize  the  value  of  this 
tremendous  acquisition  of  land  it  is  worth  while  stating  that 
at  the  present  time  the  wool  products  alone  of  the  States 
made  out  of  the  Louisiana  Purchase  would  pay  the  purchase 
price.  The  corn  in  Iowa  would  pay  the  price  six  times  over. 
The  wheat  fields  in  this  territory  are  greater  than  half  of  all 
those  in  our  land  and  their  products  would  buy  Louisiana 
a  hundred  times. 

Technically  France  did  not  occupy  Louisiana  at  the  time 
of  the  purchase.  The  transfer  from  Spain  by  the  Treaty  of 
October  i,  1800,  called  the  St.  Ildefonso  treaty,  had  never 
been  made.  France  did  not  occupy  the  province  she  had 
sold.  The  formality  of  surrender  and  delivery  from  Spain 
to  France  had  to  be  accomplished  before  France  could  dis- 
pose of  the  land  to  the  United  States. 

November  30,  1803,  with  proper  ceremonies  the  yellow 
and  red  flag  of  Spain  was  lowered  at  New  Orleans  and  the 
keys  of  the  Island  turned  over  to  the  French  Representative 
who  in  the  name  of  France  raised  the  tri-colors  of  that 
country.  December  20,  1803,  the  tri-colors  descended  as 
had  the  Spanish  colors  twenty  days  before  and  the  Stars 
and  Stripes  ascended  and  the  reign  of  France  on  American 
soil  came  to  an  end.  Within  the  space  of  three  weeks  Spain, 
France  and  the  United  States  each  had  owned  Louisiana,  a 
stretch  of  land  embracing  the  territory  covered  by  Arkansas, 
Iowa,  Nebraska,  North  and  South  Dakota,  Minnesota  and 
Indian  Territory;  parts  of  Colorado,  Kansas,  Louisiana, 
Montana,  Minnesota  and  Wyoming  and  the  Territory  of 
Oklahoma  containing  today  a  taxable  wealth  of  $6,616,- 
642,829,  an  area  larger  than  the  combined  area  of  Great 
Britain,  Germany,  France,  Spain,  Portugal  and  Italy  and 
equal  to  two  thirds  of  the  territory  covered  by  the  original 
thirteen  States.  It  has  been  said  this  act  was  by  far  the 
greatest  work  of  our  people  during  the  years  intervening 
between  the  adoption  of  the  Constitution  and  the  outbreak 
of  the  Civil  War. 


CHAPTER   V. 
EXPLORERS. 

Several  years  before  the  appropriation  was  made  by  Con- 
gress for  this  purchase  of  New  Orleans,  Jefferson,  while 
Secretary  of  State  in  1792,  had  in  mind  the  sending  of  an 
exploring  party  to  navigate  the  Missouri  River  to  its  source. 
He  had  a  desire  to  extend  the  commercial  relation  with  the 
Indian  and  to  obtain  some  of  the  benefits  of  the  region 
which  was  monopolized  by  traders  from  Canada  and  Brit- 
ish America.  He  and  his  private  secretary,  Meriweather 
Lewis,  had  talked  the  matter  over  before  the  Louisiana 
Purchase  and  when  he  became  President  he  strongly  recom- 
mended in  his  message  to  Congress  in  January,  1803,  that 
an  expedition  be  sent  into  the  unknown  Northwest.  Con- 
gress supported  him  and  his  instructions  were  drafted  and 
plans  formulated  for  the  trip  June  20,  1803,  which  was 
some  days  before  the  Paris  Treaty  reached  Washington, 
(July  14,  1803).  Lewis  was  appointed  by  Jefferson  to 
lead  the  party  and  he  in  turn  chose  Captain  William  Clark 
to  be  his  associate.  The  entire  party  consisted  of  the  two 
leaders,  whose  names  have  been  historically  inseparable,  and 
forty-four  assistants.  They  started  from  a  point  near  New 
Orleans  May  14,  1804,  and  returned  to  St.  Louis  Septem- 
ber, 1806,  having  broken  a  path  for  civilization  which  is 
unparalled  in  the  history  of  modern  or  ancient  times.  On 
the  route  they  encountered  trappers  from  the  south  and  the 
Hudson  Bay  Company  men  from  the  north  and  Indians 
over  a  good  part  of  the  journey.  Then  a  time  came  when 
even  these  were  not  seen  and  for  months  they  explored 
north  and  west  towards  the  Rocky  Mountains,  where  the 
native  animals  were  their  only  enemies.  The  leaders  were 
fortunate  in  securing  the  services  of  an  Indian  squaw,  Saca- 
jawea,  of  the  Shoshone  tribe  who  had  been  captured  when  a 
child  and  was  now  the  wife  of  a  worthless  French  trapper. 


36  THE     GOVERNMENT     OF     WYOMING. 

She  acted  as  their  guide.  It  is  questionable  if  without  her 
aid  and  knowledge  of  the  country  the  expedition  could  have 
been  successful.  While  this  expedition  at  no  time  traveled 
over  any  of  the  country  now  occupied  by  Wyoming,  the 
explorers  came  within  forty  miles  of  the  northwest  corner 
of  the  state  and  heard  of  the  wonders  of  the  Yellowstone 
Park.  The  line  traveled  was  up  the  Mississippi  to  St.  Louis, 
across  the  middle  of  the  present  state  of  Missouri,  north 
on  the  Missouri  to  Sioux  City,  Iowa,  west  and  north  on  the 
northern  boundaries  of  Nebraska,  north  through  the  middle 
of  South  Dakota,  north  to  Bismark,  North  Dakota,  and  then 
northwest  still  following  the  Missouri  river  into  Montana, 
going  south  from  Fort  Benton  in  the  northwestern  part  of 
Montana  to  within  fifty-six  miles  of  the  northwest  corner 
of  Wyoming,  thence  south  and  west  where  they  crossed  the 
Rocky  Mountains  at  a  point  between  Montana  and  Idaho 
now  known  as  the  Lewis  and  Clarke  Pass,*  then  directly 
north  to  Fort  Missouri,  crossing  the  Bitter  Root  Moun- 
tains and  west  to  Lewiston  on  the  boundary  between  Idaho 
and  Washington,  down  Snake  River  to  where  it  joins  the 
Columbia  river  and  on  down  the  river  to  the  Pacific  Ocean, 
having  crossed  the  continent  and  reached  the  end  of  their 
western  exploration,  which  gave  to  us  (November  15,  1805) 
the  territory  now  covered  by  Oregon,  Washington,  Idaho, 
and  a  part  of  Wyoming.  Here  they  stayed  until  the  next 
spring.  The  return  home  was  over  practically  the  same 
country  to  Fort  Missoula  in  Montana  between  Bitter  Root 
and  the  Rocky  Mountains,  when  Clark  went  south 
to  Clarke's  Pass  and  through  the  Rocky  Mountains,  at  a 
point  just  east  of  Bitter  Root  Forest  Reserve.  This  point 
is  about  sixty  miles  north  of  the  place  in  the  mountains 
where  they  crossed  when  going  west.  From  here  the  route 
was  north  and  east  to  Bozeman  about  forty-eight  miles 


*The  family  name  appears  as  Clark,   but  the  places  named  for  the   explorer  are 
spelled  Clarke. 


THE     HISTORY     OF    WYOMING.  37 

north  of  the  northern  boundary  of  Wyoming.  Clark  found 
the  Yellowstone  river  at  a  point  near  Livingston  (named 
after  Robert  Livingston)  and  following  this  east  and  north 
struck  the  Missouri  river  near  Fort  Buford  at  which  place 
Lewis  joined  him.  From  Fort  Missoula,  where  Clark 
went  south,  Lewis  went  north  and  east  and  crossed  the 
Rocky  Mountains  about  one  hundred  and  forty  miles  north 
of  the  Lewis  and  Clarke  Pass  and  eighty  miles  north  of 
Clarke's  Pass,  then  on  to  the  Missouri  river  to  Fort  Buford 
just  east  of  the  Montana  line  where  Clark  joined  him  and 
together  they  returned  to  St.  Louis  having  been  gone  two 
years  and  four  months.* 

On  Lewis'  return  President  Jefferson  made  him  Governor 
of  Louisiana,  and  in  1813,  when  the  Missouri  Territory 
was  created  out  of  that  portion  of  the  Louisiana  Purchase 
not  included  in  the  State  of  Louisiana,  Clark  was  made 
territorial  Governor  of  that  wonderful  northwestern  coun- 
try in  which  was  situated  all  the  land  now  embraced  in  the 
State  of  Wyoming.  Lewis  and  Clark  opened  a  new  coun- 
try and  blazed  a  path  for  Western  progress.  In  the  north- 
western part  of  the  State  of  Wyoming  we  have  a  lake  named 
for  Lewis  and  a  town  and  stream  named  for  Clark.  From 
this  time  on  we  have  more  or  less  authentic  information 
as  to  the  settlers  and  traders  in  Wyoming.  There  are  many 
unsubstantiated  reports  of  the  expeditions  made  into  Wyom- 
ing across  our  southern  boundary  line  by  early  Spaniards. 
We  have  discovered  no  written  records  of  these  explorations 
although  many  stone  and  iron  implements  have  been  found 
in  the  various  counties.  This  indicates  beyond  a  possible 
doubt  that  Wyoming  was  visited  by  daring  adventurers  be- 


*Jefferson  instructed  Lewis  and  Clark  to  observe  carefully  the  country  over  which 
they  passed  and  to  collect  all  specimens  possible  oi  a  botanical  and  zoological  nature 
and  to  keep  a  journal  or  diary  and  to  make  maps  of  the  expedition  as  they  traveled. 
These  instructions  were  carefully  executed  and  most  of  the  original  records  are  now 
in  the  possession  of  the  American  Philosophical  Society  of  Philadelphia.  In  1903  it  was 
found  that  a  Mrs  Clark  Voorhis  of  New  York  had  received  as  an  inheritance  from 
her  father,  who  was  the  son  of  the  explorer  Clark,  a  portion  of  this  manuscript. 

Some  of  the  collections  made  on  the  journey  are  still  preserved. 


38  THE     GOVERNMENT    OF    WYOMING. 

fore  the  time  of  Lewis  and  Clark.  Who  they  were,  how 
they  came,  and  when  they  left  is  a  problem  which  may 
never  be  solved.  Our  first  authentic  information  as  to 
the  early  explorers  commences  with  the  French  Canadian, 
De  la  Verendrye,  who  explored  in  Wyoming  as  early  as 
1843  entering  the  State  from  Montana,  coming  down  the 
Shoshone  River  and  southwest  into  Fremont  county. 

During  the  year  of  the  Lewis  and  Clark  expedition 
Zebulon  Pike  explored  into  the  northern  part  of  Mis- 
souri as  far  south  as  Mexico  and  into  Colorado  discovering 
the  famous  Pike's  Peak,  bearing  his  name.  John  Colter 
was  with  Lewis  and  Clark  and  left  the  party  on  its  return 
at  Fort  Mandan  and  in  the  fall  and  winter  of  1806  trapped 
in  Wyoming  on  the  streams  of  the  Big  Horn  and  Stinking 
Water  (now  called  Shoshone  river  by  act  of  Wyoming  legis- 
lature of  1901).  He  crossed  the  Big  Horn  country  into 
Fremont,  then  west  into  Uinta  and  out  of  the  State.  He 
crossed  Teton  Pass  and  then  back  into  Wyoming,  up  Lewis 
river  into  the  Yellowstone  Park  and  back  to  the  point  where 
he  entered  the  State.  He  carried  to  Clark  wonderful  tales, 
which  were  not  believed,  of  the  marvellous  Yellowstone 
which  he  found  in  1807.  Colter  is  not  only  the  discoverer 
of  the  Yellowstone,  but  the  first  American  to  enter  Wyom- 
ing. Mr.  Coutant  in  his  History  of  Wyoming  says  there  had 
been  other  white  men  before  Colter  but  they  were  not 
Americans. 

John  Jacob  Astor  organized  a  company  known  as  the 
Pacific  Fur  Company  and  placed  at  its  head  Wilson  P.  Hunt 
to  conduct  an  expedition  into  the  Rocky  Mountains.  In 
August,  1811,  they  entered  the  northeastern  part  of  the 
State  in  Crook  county,  traversed  the  county  from  northeast 
to  southwest  and  to  a  point  as  far  west  as  Buffalo  in  John- 
son county  from  which  they  traveled  further  west  and  south 
by  .crossing  the  Big  Horn  Mountains,  going  up  the  Big 
Horn  river,  then  to  the  Wind  river,  through  what  is  now  the 


.  THE     HISTORY    OF    WYOMING.  39 

Wind  river  or  Shoshone  Indian  Reservation,  through  Sher- 
man Pass,  sighted  the  three  snowy  peaks  of  the  Grand  Te- 
ton  Mountains,  down  Hobach  river  along  Snake  river  and 
thus  crossed  the  State.  From  here  Hunt  and  his  party 
pushed  west  to  the  mouth  of  the  Columbia  river  and  in  1812 
reached  Fort  Astor  which  was  built  in  March,  1811,  as  a 
trading  post  on  the  Pacific  Ocean.  Thus  they  opened  a 
way  before  used  by  no  white  man  for  our  great  American 
fur  trade.  The  Astor  expedition  added  to  our  claim  by  right 
of  settlement  to  all  of  the  Oregon  territory,  which  the  Eng- 
lish did  not  acknowledge  to  be  ours  until  1846. 

One  of  the  Astor  men,  Robert  Stuart,  on  his  return  from 
the  Pacific  Coast  to  Xew  York,  in  the  summer  and  fall  of 
\ .  discovered  South  Pass,  a  gap  in  the  Rocky  Mountains 
located  in  Fremont  county,  also  the  Sweetwater  River.  He 
definitely  located  the  source  of  North  Platte  river  in  the  south- 
ern part  of  Fremont  county,  being*  the  first  to  find  a  stream 
whose  water  flowed  toward  the  Mississippi  river. 

During  December  of  this  year  he  and  his  party  traveled 
along  the  North  Platte  to  Nebraska  and  thus  was  the  path 
found  for  the  Overland  Trail  through  Wyoming  over  which 
thousands  upon  thousands  of  explorers  and  settlers  have 
traveled  on  their  way  to  the  Pacific  Ocean  or  to  the  States 
west  of  Wyoming. 

Lewis.  Clark.  Colter,  Hunt,  Stuart  are  all  identified  with 
the  early  history  of  Wyoming.  During  the  year  1822  Wil- 
liam Ashley  of  St.  Louis  trapped  extensively  in  Wyoming 
on  the  streams  in  Big  Horn  county  and  in  1823  again  re- 
turned to  Wyoming  by  the  way  of  the  North  Platte  river 
and  named  t:  -  water  and  Green  rivers. 

James  Bridger.  who  built  Fort  Bridger  in  Uinta  county, 
and  discovered  Bridger  Pass,  was  of  this  party.  Many  peo- 
ple in  our  state  know  Mr.  Bridger.  who  died  in  1881.  He 
was  born  in  Virginia  in  1804  and  came  to  Wyoming  in  1822. 
Ashley  sold  all  of  his  interests  in  Wyoming  in  1824  at  the 


40  THE     GOVERNMENT     OF     WYOMING. 

time  when  we  were  Missouri  Territory  and  had  not  yet  be- 
come a  part  of  Nebraska.  Through  his  influence  numer- 
ous fur  trappers  and  traders  had  been  through  our  state 
to  its  borders.  The  history  of  their  lives  is  the  History  of 
Wyoming.  Mr.  Coutant  has  made  many  interesting  chap- 
ters in  his  History  of  Wyoming  on  this  subject.  In  1828 
William  Sublette  discovered  Jackson  Lake  south  of  the 
Yellowstone  Park  and  named  it  Jackson  Hole  after  his 
friend  David  Jackson  who  was  exploring  at  that  time  with 
him.  Captain  Bonneville,  whom  Washington  Irving  has 
aptly  described,  came  to  Wyoming  in  1832  and  was  inter- 
ested in  the  fur  trade.  Bonneville  was  an  officer  in  the  regu- 
lar army  and  had  instructions  to  observe  the  traits,  customs 
and  modes  of  living  of  the  Indians.  Similar  instructions  were 
given  by  the  Government  to  Lewis  and  Clark  when  they  ex- 
plored in  1804-06.  Captain  Bonneville  wandered  up  the  North 
Platte,  the  Green  river,  tne  Little  Wind  river,  saw  the  Hot 
Springs  of  Fort  Washakie  in  Fremont  county,  climbed  Alt. 
Bonneville  in  the  Wind  River  Range  and  finally  left  Wyom- 
ing by  the  way  of  the  Snake  river  on  his  way  to  Fort  Astor. 
He  returned  through  Wyoming  by  way  of  Bear  river,  Ham's 
Fork,  Green  river,  Sweetwater  and  the  Platte  to  Nebraska. 

Kit  Carson,  the  noted  marksman,  hunted  in  Wyoming  in 
1830  and  with  him  the  historic  character,  Jim  Baker.  In 
1835  Samuel  Parker  and  Marcus  Whitman  passed  over  the 
State  by  the  way  of  the  Platte,  Laramie  and  Sweetwater 
rivers.  They  stopped  at  Independence  Rock  (on  whose  sides 
one  may  read  to-day  the  names  of  hundreds  of  pilgrims 
who  were  on  their  western  march)  went  through  South 
Pass,  along  Green  river  and  out  of  the  State  to  Walla  Walla, 
Washington. 

In  1836  they  returned  to  Wyoming  again  from  the  east 
with  their  brides  and  on  July  4,  at  South  Pass,  in  the  name 
of  the  country  took  possession  of  the  land  which  is  now 
Wyoming.  From  here  they  pushed  on  to  Walla  Walla. 


THE     HISTORY     OF    WYOMING.  41 

Whitman's  noted  interest  in  the  organization  of  Oregon 
which  at  one  time  embraced  a  part  of  Wyoming,  makes 
his  life  and  history  worthy  of  more  careful  study.  It  was 
he  who  recommended  to  the  Government  the  establishment 
of  forts  along  some  of  our  streams  and  through  his  influ- 
ence Fort  Laramie  and  Fort  Bridger  were  purchased  which 
were  then  trading  posts. 

Father  Peter  De  Smet  traveled  through  and  about  Wyom- 
ing in  the  early  forties,  fifties,  sixties  and  seventies.  Fre- 
mont explored  in  Wyoming  during  1842.  He  visited  Fort 
Laramie,  and  here  he  addressed  the  Indians,  crossed  the 
State  in  August,  discovered  Fremont's  Peak  near  the  west- 
ern line  of  the  county  bearing  his  name.  He  established  the 
necessity  of  some  direct  overland  communication  between 
the  Atlantic  and  Pacific.  In  1843  ne  again  toured  over 
this  country  and  has  left  valuable  records  of  his  explora- 
tions. 

Mr.  Coutant  in  his  History  gives  the  following  table  of 
our  early  settlers  covering  a  period  of  one  hundred  years : 

Verendrye   1743 

Colter 1807 

Hunt 1811 

Stuart   1812 

Bonneville   1832 

Fremont   1842 

Fremont   1843 


CHAPTER  VI. 
THE  TERRITORY  OF  WYOMING. 

These  explorers  encountered  many  difficulties  and  en- 
dured many  hardships.  The  Indians  were  not  always  friend- 
ly ;  there  were  many  depredations  and  food  was  often  scarce. 
Advanced  civilization  never  is  able  to  pay  its  debt  to  the 
explorer,  the  frontiersman  and  the  pioneer,  all  of  whom  have 
made  present  conditions  possible.  For  the  protection  of 
these  pathfinders  and  earlier  settlers  the  government  es- 
tablished forts  and  military  posts.  The  earliest  of  these 
is  Fort  Laramie  on  the  North  Platte  river  not  far  from  the 
Nebraska  line.  This  post  was  named  after  Jacques  La 
Ramie,  a  French  Canadian  trapper,  as  was  Laramie  Peak, 
Laramie  county,  Laramie,  Laramie  river  and  Laramie 
Plains.  His  record  dates  as  far  back  as  1820.  At  this  place 
we  have  the  first  settlement  in  the  State.  This  fort  was  a 
trading  post  and  the  fur  business  of  the  State  for  years  cen- 
tered around  this  locality.  The  fort  was  first  built  in  1834 
and  passed  afterwards  into  the  hands  of  the  American  Fur 
Company  who  rebuilt  it  in  1836  of  adobes  or  sun-dried 
bricks.  The  Government  in  1849  purchased  the  fortress  as 
one  of  a  series  of  forts  along  the  Overland  Trail,  which 
were  located  to  protect  the  settlers  but  more  particularly 
to  guard  the  lives  of  the  immigrants  seeking  western  homes. 
For  this  same  reason  Fort  Fetterman  was  established  near 
Douglas  and  Fort  Casper.  By  this  overland  route  through 
Wyoming  thousands  of  immigrants  went  to  Oregon,  the 
"Forty-niners"  to  the  gold  fields  of  California  and  the  Mor- 
mons to  Utah.  The  Mormons  took  the  Overland  Trail 
through  South  Pass  and  from  there  went  south  into  Sweet- 
water  county,  reached  Fort  Bridger  in  Uinta  county  and 
thence  wrest  into  their  land  of  promise.  This  Overland 
Trail  was  changed  in  1812  entering  Wyoming  on  the  south 
near  Virginia  Dale,  went  across  the  Laramie  Plains  west  to 


THE     HISTORY     OF    WYOMING.  43 

a  point  south  of  Rawlins,  Rock  Springs,  Granger,  Fort 
Bridger,  Evanston  (called  Bear  River  Station)  out  of  the 
State.  The  trail  made  by  the  stages  can  yet  be  traced  when 
traveling  over  our  prairies. 

Freighting  over  this  great  Overland  highway  became 
quite  extensive  in  1856  through  the  protective  measures 
which  the  Government  had  established  in  the  military  posts. 
This  was  followed  by  the  Pony  Express  and  a  regularly  es- 
tablished stage  route.  It  took  twenty  days  to  make  the 
journey  from  St.  Joseph,  Missouri,  to  Salt  Lake  City,  Utah. 
These  posts  were  used  as  stopping  stations  when  changes 
of  horses  were  made  and  necessary  repairs.  A  telegraph 
line  from  Omaha  to  California  going  through  Wyoming 
over  the  Overland  Trail  was  completed  in  1861  and  we 
were  thus  put  into  close  touch  with  the  outside  world.  The 
years  1865,  '66,  '67  were  filled  with  bloody  Indian  wars  and 
thrilling  massacres. 

The  Union  Pacific  Railroad  Company  commenced  to  cross 
the  State  in  1867  and  rapidly  pushed  west  over  the  southern 
area.  By  an  act  of  Congress  for  twenty  miles  on  each  side 
of  the  railroad  the  odd  numbered  sections  became  the  prop- 
erty of  the  Union  Pacific.  There  are  no  navigable  rivers  in 
Wyoming  giving  us  natural  transportation  facilities  and  in 
this  matter  we  are  entirely  dependent  upon  railroads.  With 
the  coming  of  this  sign  of  civilization  we  needed  a  fixed 
form  of  government  and  we  needed  our  public  lands  sur- 
veyed and  we  needed  different  tribunals  than  the  Vigilance 
Committees.  The  people  asked  Congress  in  1868  to  admit 
Wyoming  as  a  Territory.  It  was  proposed  to  call  our  State 
the  Territory  of  Lincoln  and  also  the  Territory  of  Cheyenne. 
July  25,  1868,  President  Johnson  signed  his  name  to  a  bill 
which  made  this  the  Territory  of  Wyoming.  This  name  was 
suggested  by  the  people  of  Wyoming,  having  been  previously 
advocated  by  Fremont.  The  word  Wyoming,  which  means 
the  "large  plains,"  comes  from  the  Delaware  Indian  name 
Maughwauwama. 


44  THE     GOVERNMENT    OF    WYOMING. 

The  people  living  in  our  State  thought  a  territorial  gov- 
ernment would  better  the  lawless  condition  then  in  existence. 
They  agitated  the  question  among  themselves  and  sent  Dr. 
Herman  Latham  to  Washington  to  represent  them  in  the 
matter.  He  presented  a  petition  to  Congress  asking  for  a 
territorial  organization  to  be  called  Wyoming,  setting  forth 
the  facts  and  reasons  which  made  this  action  both  advisable 
and  necessary. 

Many  supporters  were  found  for  the  measure  and  a  bill 
was  introduced  in  Congress  February  13,  1868,  to  create 
a  new  territory.  This  bill  was  not  passed  until  July  25, 
1868. 

The  Territory  of  Wyoming  was  formed  and  we  thus  took 
our  first  step  towards  Statehood. 

Territorial  officers  were  not  given  us  until  April  7,  1869. 
Nominations  for  appointment  were  made  by  President  John- 
son but  the  Senate  did  not  confirm  them.  Soon  after  Grant's 
inauguration,  however,  the  new  appointments  were  made 
and  promptly  confirmed  by  the  Senate. 

The  Territory  was  organized  May  19,  1869,  and  the  first 
election  was  held  September  2,  1869,  when  our  first  legis- 
lature was  elected  and  our  delegate  to  Congress.  The  au- 
thority to  send  a  delegate  to  represent  Wyoming  was  the 
opening  wedge  for  full  representation  in  the  Senate  and 
House  of  Representatives  twenty-one  years  after  when  in 
1890  we  became  a  State. 

The  boundary  lines  for  the  territory  were  the  same  as  those 
adapted  when  we  became  a  state.  The  area  embraced  within 
our  borders  is  as  great  as  New  York,  Pennsylvania  and  New 
Jersey  combined.  The  area  is  one  and  one-half  times  as 
large  as  all  of  New  England. 

The  development  of  the  Territory  was  necessarily  slow. 
The  Union  Pacific  in  the  early  territorial  days  did  not  as- 
sist in  the  development  of  the  country  along  its  line  as  had 
been  expected.  Its  chief  purpose  was  to  carry  traffic  to  the 


DICK      WASHAKIE. 
(Son  of  Chief  Wasliakie.) 
Arapahoe  Indian. 


FRANK    MENICHE. 
(Jack  Rabbit.) 

Shoshone    Indian. 


THE     HISTORY     OF    WYOMING.  45 

Pacific  Coast.  There  was  little  thought  of  permanent  homes 
and  their  existence  in  Wyoming  was  only  temporary.  Chey- 
enne had  but  one  house  on  July  5,  1867;  all  living  places 
were  confined  to  tents  and  shanties.  It  was  the  terminus 
of  the  Union  Pacific  Railway  for  the  winter  and  a  large 
floating  population  moved  west  with  the  railroad.  In  1868 
Laramie  had  it's  first  building.  From  here  this  mixed  popu- 
lation, consisting  of  a  very  undesirable  class  of  people,  moved 
further  west  with  the  progressing  railroad  and  finally  out  of 
the  State. 

The  Indian  question  was  a  constant  hindrance  and  draw- 
back to  the  settlement  of  the  territory.  The  "redman"  waged 
continual  war  against  the  settlers  and  yielded  to  advanced 
civilization  very  stubbornly.  Fort  Phil  Kearney  was  es- 
tablished on  July  15,  1866,  in  Johnson  county,  just  south  of 
the  boundary  of  Sheridan  county.  The  Indians  did  not 
want  an  encroachment  in  that  part  of  the  country  and  in 
December  of  that  year  killed  eighty-one  people  connected 
with  this  locality.  The  fort  was  abandoned  in  1868. 

Wyoming  was  a  center  for  hunting  buffalo  and  animals 
valuable  for  their  furs.  A  treaty  made  at  Fort  Bridger  with 
the  Government  in  1868  contained  terms  by  which  the  Sho- 
shone  and  Bannock  Indians  were  given  a  tract  of  land  called 
the  Wind  River  Reservation  situated  in  Fremont  county 
covering  an  area  of  1,520,000  acres  and  occupying  one  of  the 
most  .fertile  spots  in  the  State.  The  Bannocks  did  not  stay 
long  on  the  territory  and  in  1872  the  Arapahoes  were  trans- 
ferred from  the  Red  Cloud  Sioux  Reservation  to  the  Reser- 
vation in  this  State  and  the  two  tribes  though  originally 
not  friendly  have  lived  on  this  same  tract  since  that  time. 
This  tract  was  for  a  long  time  the  great  annual  hunting 
ground  for  the  Sioux,  Cheyennes,  Arapahoes  and  the  Crows. 
This  land  was  closed  against  the  actual  settler.  The  Indians, 
while  keeping  the  prospectors  and  settlers  from  their  special 
locality  came  down  to  the  southern  part  of  the  State  steal- 


46  THE     GOVERNMENT    OF    WYOMING. 

ing  cattle  and  killing  the  white  men.  Governor  Thayer  as 
late  as  1875  in  his  message  to  the  Fourth  Territorial  Assem- 
bly urged  that  the  Indians  be  compelled  to  stay  on  their 
reservation  and  that  the  tribal  relations  be  dissolved. 

The  treaty  signed  at  Fort  Bridger  in  1868  was  contracted 
by  a  Commissioner  on  the  part  of  the  United  States  on  the 
one  hand  and  Washakie  and  other  chiefs  for  the  Eastern 
band  of  the  Shoshone  Indians  and  Tag-gee  for  the  Bannock 
tribe  on  the  other.  The  treaty  contained  a  pledge  of  peace, 
an  agreement  by  the  Government  to  keep  white  man  from 
the  reservation  and  if  he  destroyed  the  peace  he  was  to  be 
punished;  if  the  Indians  committed  the  depredation  the 
chiefs  pledged  to  have  them  arrested  and  tried  before  the 
law.  The  Government  agreed  to  erect  a  series  of  buildings 
on  the  reservation  and  to  give  the  Indians  a  physician,  car- 
penter, miller,  engineer,  farmer,  blacksmith  and  teacher. 
The  Government  appointed  an  agent  who  lived  on  the  reser- 
vation and  directed  and  supervised  the  affairs  and  heard 
all  cases  brought  against  the  Indians  for  depredations.  The 
Indians  agreed  to  make  the  reservation  their  permanent 
homes  but  reserved  the  right  to  hunt  on  unoccupied  lands  of 
the  United  States.  Each  head  of  a  family  was  granted  the 
privilege  of  selecting  land  not  to  exceed  320  acres  to  be  held 
in  his  name  for  the  exclusive  possession  of  his  family  as  long 
as  he  continued  to  cultivate  the  tract.  The  Government  re- 
quired the  Indians  to  compel  their  children  between  the  ages 
of  six  and  sixteen  years  to  attend  school  and  for  every  thirty 
children  a  Government  teacher  was  provided.  They  were  to 
be  clothed  by  the  Government  and  seed  and  agricultural  im- 
plements were  provided  and  in  addition  to  this  money  was 
granted  to  each  one  of  the  tribe  for  a  period  of  thirty 
years.  Every  roaming  Indian  was  to  receive  $10.00 ;  $20.00 
were  granted  to  the  agricultural  Indian. 

The  Government  did  not  give  them  the  money  knowing 
their  ignorance  of  its  value,  and  the  impositions  practiced  on 


THE     HISTORY     OF    WYOMING.  47 

them  through  this  ignorance.  In  lieu  of  the  money  this 
amount  was  spent  by  the  Secretary  of  the  Interior  for  ar- 
ticles for  the  Indians  as  necessity  demanded.  The  Shoshones 
claimed  to  have  occupied  their  present  territory  of  the  Wind 
River  Reservation  on  the  land  in  the  region  between  the 
Snake  and  Big  Horn  rivers  since  1781,  when  they  finally 
conquered  the  Crow  Indians.  This  was  a  decade  before  we 
made  any  claim  to  the  land  within  the  State.  Our  earliest  title 
dates  with  the  discovery  of  the  mouth  of  the  Columbia  river 
in  1792  by  Gray.  The  Shoshone  chiefs  ruling  Wyoming 
were  contemporaneous  with  Washington  of  the  United 
States,  Charles  III  of  Spain,  Louis  XVI  of  France  and 
George  III  of  England. 

These  Shoshone  Indians  were  governed  by  the  same  chief, 
Washakie,  for  over  seventy  years.  He  was  the  chief  before 
the  Treaty  of  1868  and  remained  continuously  in  the  posi- 
tion to  his  death  on  February  22,  1900.  He  was  considered 
the  most  intelligent  Indian  chief  in  North  America.  The 
long  continued  peace  which  this  tribe  maintained  can  be 
attributed  to  Washakie's  skill,  firmness  and  integrity.  He 
never  broke  a  treaty  and  General  Crook  spoke  in  highest 
terms  of  his  work  in  the  expedition  against  the  Sioux  when 
he  lost  a  favorite  son  in  the  contest.  He  was  the  last  chief 
of  his  tribe.  The  Arapahoes  also  have  no  chief  for  the  rea- 
son that  the  Government  now  requires  each  tribe  to  elect  a 
council  of  six  to  represent  them  in  all  matters. 

The  Indian  is  amenable  to  the  white  man's  laws  for  acts 
committed  when  off  the  reservation.  For  certain  misde- 
meanors and  crimes  against  themselves  they  are  tried  be- 
fore a  court  composed  of  their  own  people.  The  United 
States  courts  have  jurisdiction  of  all  felonies  committed  by 
them  against  the  laws  of  the  United  States  and  their  cases 
are  tried  in  the  United  States  District  Court,  where  they  are 
sentenced  and  punished  in  accordance  with  the  United 
States  laws.  The  reservation  is  not  a  legal  part  of  this 


48  THE     GOVERNMENT    OF    WYOMING. 

State.  Formerly  the  Indians  used  to  trade  land  with  whom- 
soever they  pleased.  Since  1789  no  one  except  the  United 
States  has  a  legal  right  to  deal  with  them.  Their  lands  do 
not  belong  to  the  Indian  individual  but  to  the  entire  tribe. 
The  tribe  and  the  Federal  Government  make  the  land  trans- 
fers. These  acts  were  commonly  called  treaties,  now  they 
are  known  as  contracts.  President  Johnson  instituted  this 
reservation  idea  as  a  protection  of  the  Indians.  Previous  to 
1830  there  was  a  north  and  south  line  drawn,  east  of  which 
the  Indian  could  not  locate,  west  of  which  the  white  man 
could  not  settle,  until  gradually  the  Indians  were  pushed 
further  and  further  west.  This  forced  some  action  on  the 
part  of  the  government  which  was  to  allot  to  them  certain 
definite  localities. 

The  Sioux  surrendered  to  General  Crook  in  1877  and  1878 
which  stopped  the  depredations  and  brought  peace  to  Wyo- 
ming. Property  and  life  being  more  secure,  wealth  and  popu- 
lation increased  and  there  was  a  commencement  of  pros- 
perity. 

The  first  Governor  of  Wyoming  was  John  A.  Campbell 
who  was  appointed  by  President  Grant.  He  also  filled  the 
office  of  Superintendent  of  Indian  Affairs.  As  Governor 
he  organized  the  Territory,  which  was  put  in  operation  May 
10,  1869,  and  called  the  first  election  for  Delegate  to  Con- 
gress* and  for  members  of  the  Territorial  Legislature.  This 
•  election  was  held  September  2,  1869,  and  the  Legislature 
met  in  Cheyenne,  October  12,  of  that  year.  He  held  the  office 
as  Governor  until  January,  1875,  having  been  appointed  for 
a  second  term. 

At  the  first  Legislative  Assembly  on  December  10,  1869, 
Woman  Suffrage  was  inaugurated  and  the  women  of  Wyom- 
ing were  -granted  this  right  by  the  following  section : 

Section    1. — Every  woman   of  the   age   of  twenty-one 
years  residing  in  this  territory,  may,  at  any  election  to 


*  Hon.  Stephen  F.  Nuckolls. 


THE     HISTORY     OF    WYOMING.  49 

be  holden  under  the  laws  thereof,  cast  her  vote.  And 
her  rights  of  the  election  franchise  and  to  hold  office 
shall  be  the  same  under  the  election  laws  of  the  Ter- 
ritory as  those  of  electors. 

The  section  in  the  State  Constitution  on  this  subject  reads : 

(Section  i,  Article  VI.) 

The  rights  of  citizens  of  the  State  of  Wyoming  to  vote 
and  hold  office  shall  not  be  denied  or  abridged  on 
account  of  sex.  Both  male  and  female  citizens  of  this 
State  shall  enjoy  equally  all  civil,  political  and  religious 
rights  and  privileges. 

Mrs.  Esther  Morris  was  the  pioneer  worker  for  Woman 
Suffrage  in  this  State.  She  herself  held  the  position  of  Jus- 
tice of  the  Peace.  Women  in  the  State  at  the  present  time 
hold  that  office.  During  the  first  years  of  Territorial  gov- 
ernment women  served  on  the  jury.  Five  women  served  on 
the  Grand  Jury  in  Laramie  in  March,  1870,  and  seven  on  the 
Petit  Jury.  This  is  the  first  common  law  jury  where  woman 
ever  acted  in  the  capacity  as  juror.  This  was  under  the  ad- 
ministration of  Chief  Judge  Howe  and  this  Grand  Jury  had 
brought  before  it  bills  for  consideration  of  murder  cases, 
cattle  stealing  and  illegal  branding.  Women  served  for 
three  consecutive  terms  of  court  under  Judge  Howe  when  it 
was  decided  under  the  law  that  women  had  no  right  to  serve 
as  jurors.  Most  of  the  County  Superintendents  of  Public 
Schools  in  the  State  are  women.  One  woman  *  has  been 
State  Superintendent  of  Public  Instruction  since  Statehood 
and  a  number  of  women  have  served  as  trustees  of  the  State 
University. 

No  attempt  after  the  second  territorial  legislature  has  ever 
been  made  to  repeal  the  law  granting  woman  this  right  of 
franchise.  When  the  subject  came  up  for  discussion  at  the 
time  of  the  adoption  of  the  State  Constitution,  the  Constitu- 


*  Miss  Estelle  Reel,  now  Superintendent  of  Indian  School  Service. 


50  THE     GOVERNMENT    OF    WYOMING. 

tional  Convention  was  practically  unanimous  for  a  continua- 
tion of  woman  suffrage. 

The  territory  commenced  with  four  counties,  Laramie, 
Albany,  Carbon  and  Carter,  (afterwards  Sweetwater)  and 
all  extended  from  the  southern  to  the  northern  boundaries  of 
the  State.  The  seat  of  government  of  each  of  the  four 
counties  was  along  the  line  of  the  Union  Pacific.  They  were 
created  under  the  territorial  jurisdiction  of  Dakota  and  were 
in  existence  when  Wyoming  Territory  was  organized.  In 
1867  there  were  only  two  counties,  Laramie  and  Carter. 
Laramie  embraced  all  of  the  eastern  half  of  the  state  and 
Sweetwater,  or  Carter,  extended  west  to  the  present  eastern 
boundary  of  Uinta  county  and  went  from  the  northern  to  the 
southern  boundaries  of  the  state.  Uinta  county  was  not 
formed  but  was  then  a  part  of  Idaho  and  Utah.  There  are 
now  thirteen  counties  in  the  State  organized  as  follows : 

Counties.    Original  boundaries  defined  by  Act 
of  Wyoming  Legislature.* 

Albany 1869 

Big  Horn 1890 

(Authorized),   1896   (Organized.) 

Carbon 1870 

Converse   1888 

Crook 1875 

Fremont   1884 

Johnson   1875 

(Authorized  as  Pease  county),   1879    (Or- 
ganized as  Johnson.) 
Laramie 1869 


*Derivation  of  County  names. 

Albany  named  by  a  resident  of  Albany,  N.  Y.,  who  served  in  the  Dakota  Legislature, 

Big  Horn,  for  the  Big  Horn  or  Rocky  Mountain  Sheep  living  in  that  locality. 

Carbon,  because  of  the  coal  found  in  the  county. 

Converse,  for  A.  R.  Converse  a  stockman  of  Cheyenne. 

Crook,  for  General  George  Crook  the  Indian  Scout. 

Fremont,  for  General  C.  Fremont  the  explorer. 

Johnson,  for  E.  P.  Johnson  an  Attorney-at-Law  of  Cheyenne. 

Laramie,  for  Jacques  La  Ramie  the  French-Canadian  trapper 


THE     HISTORY     OF    WYOMING.  51 

*Natrona 1888 

Sheridan 1888 

Sweetwater  1869 

Uinta   1869 

Weston   1890 

During  the  territorial  days  stock  raising  was  the  greatest 
industry  of  Wyoming.  The  years  of  1880  to  1882  were  years 
of  wonderful  prosperity  for  the  stock  interests.  Many  set- 
tlers came  to  our  State  during  these  years  and  took  up  gov- 
ernment land  making  their  homes  along  our  streams,  and 
fencing  in  their  possessions.  The  large  tracts  of  land  for- 
merly controlled  but  not  owned  by  the  "Cattle  King"  became 
greatly  reduced  and  with  this  limited  domain  and  the  worth- 
lessness  of  land  without  direct  communication  to  water  the 
stock  interests  declined,  although  to-day  it  is  the  leading  in- 
dustry of  the  State. 

The  population  of  Wyoming  in  1870  was  9,118,  in  1880  it 
was  more  than  double  reaching  20,798,  in  1890  at  the  time 
of  Statehood  it  had  gained  to  60,705  while  in  1900  it  had 
reached  92,531.  Of  this  number  75,116  were  native  born  and 
17,415  were  of  foreign  birth;  58,184  were  males,  34,347  fe- 
males, 89,051  were  white,  940  negroes,  461  Chinese,  393 
Japanese  and  1,686  Indians. 


*Natrona,  from  the  deposits  of  Natron  or  Soda. 
Sheridan,  for  General  Phil  Sheridan. 

Sweetwater,  for  the  taste  of  the  water  in  the  stream  bearing  this  name. 
Uinta,  for  the  Uintah  Indians. 

Weston,   tor    Dr.    Weston  who    was    instrumental  in  bringing   a  railroad  into   that 
section. 


CHAPTER  VII. 
FROM  TERRITORY  TO  STATE. 

The  inhabitants  of  Wyoming  were  anxious  to  pass  from  a 
territorial  form  of  government  to  that  of  self-government. 
While  a  territory  we  did  not  have  a  voice  in  the  selection  of 
our  chief  executive  officers.  The  Governor,  Secretary  of 
State,  Chief  Justice  and  the  two  Associate  Justices,  Attorney 
and  Marshal,  were  all  appointed  by  the  President  of  the 
United  States  and  the  appointments  had  to  be  confirmed  by 
the  Senate.  These  officers  were  not  residents  of  the  territory 
and  came  to  us  as  strangers  with  little  or  no  knowledge  of  the 
immediate  needs  of  the  people  and  when  their  term  of  office, 
four  years,  expired,  generally  returned  to  their  native  States, 
to  have  their  place  again  taken  by  others  who  knew  not  the 
necessities  and  problems  confronting  our  citizens.  These 
officers,  though  worthy  and  able  men,  were  not  representa- 
tives of  the  interests  of  the  territory.  We  wished  a  govern- 
ment "for  the  people,  by  the  people,  of  the  people."  These 
same  "people"  felt  that  their  highest  interests  would  be  best 
secured  by  "home  rule,"  would  be  more  speedily  established, 
if  men  who  had  cast  their  fortunes  with  Wyoming  and  had 
faith  in  her  future  were  at  the  helm. 

These  "people"  were  willing  to  assume  this  important  re- 
sponsibility and  take  the  affairs  of  State  into  their  own 
hands.  Another  reason  for  the  desired  change  was  that  we 
had  no  voice  in  the  making  of  the  laws  in  Congress.  We 
sent  a  Territorial  Delegate  to  Congress  who  was  granted  a 
seat  in  the  House  of  Representatives  but  was  not  permitted 
to  vote  on  any  measure.  We  were  obliged  to  obey  the  laws 
made  by  the  General  Government  and  demanded  a  voice  in 
the  formulation  of  them.  We  had  no  voice  in  the  election 
of  our  Chief  Magistrate  who  sent  officers  to  govern  and  rule 
over  us.  We  were  under  the  supervision  of  Congress, 
which  at  its  will  could  annul  any  of  our  legislative  acts  and 


THE     HISTORY     OF    WYOMING.  53 

there  was  no  redress.  Our  alien  Governors,  if  not  in  har- 
mony with  the  people  of  the  Territory,  could  veto  any  pro- 
posed legislative  measure  of  vital  interest  to  the  progress  of 
the  State.  We  believed  that  laws  should  be  enacted  by  those 
only  over  whom  they  were  to  be  put  in  force.  We  had  no 
United  States  Senator,  no  Representative  in  Congress,  and 
the  cry  of  Revolutionary  day  "Taxation  without  Represen- 
tation" was  raised.  We  desired  equality  with  our  adjoining 
States  by  admission  into  the  Union,  and  above  all,  we  sought 
local  self-government.  We  had  reached  our  majority  after 
serving  an  apprenticeship  of  twenty-one  years  with  territo- 
rial government  and  petitioned  to  be  free  citizens,  members 
of  a  nation,  where  before  they  had  only  been  in  a  nation. 

The  citizens  believing  development  and  growth  synony- 
mous with  a  change  elected  members  to  the  Tenth  Legisla- 
tive Assembly,  with  the  understanding  that  it  would  be  ex- 
pressing the  voice  of  the  people  at  the  polls  if  at  the  next 
session  the  first  active  steps  were  taken  toward  Statehood. 

This  legislature  met  in  January,  1888,  and  in  the  form  of 
a  joint  resolution  from  the  Territorial  Senate  and  the  House 
of  Representatives  memorialized  Congress  on  the  "State  of 
Wyoming."  The  resolution  set  forth  the  resources  of  the 
Territory,  the  valuation  of  our  industries,  the  condition  of 
our  educational  advantages,  the  population,  and  asked  for 
legislation  by  Congress  to  enable  the  people  of  the  Terri- 
tory to  form  a  Constitution  and  State  government,  and  also 
for  the  admission  of  such  State  into  the  Union. 

The  Memorial  was  sent  to  Congress  through  our  Dele- 
gate,* who  had  a  bill  introduced  in  the  Fiftieth  Congress 
which  provided  for  a  Constitutional  Convention.  This  is 
known  as  Senate  Bill  No.  2445,  which  was  reported  favor- 
ably to  the  Senate  of  the  United  States  February  27,  1889. 
In  accordance  with  the  provision  of  this  bill,  a  majority  of 
the  counties  through  their  County  Commissioners,  petitioned 


*Hon.  Joseph  M.  Carey 


54  THE     GOVERNMENT    OF    WYOMING. 

our  Governor  to  apportion  the  number  of  delegates  to  attend 
a  Constitutional  Convention  and  to  execute  all  such  other 
acts  as  were  necessary  for  convening  the  Convention  in  ac- 
cordance with  the  regulations  contained  in  the  Senate  Bill. 
The  Governor,  Secretary  of  State  and  Chief  Justice  divided 
the  Territory  into  delegate  districts.  They  apportioned  the 
number  of  delegates  among  several  districts  in  proportion  to 
the  population  in  each  said  district  upon  a  basis  of  the  votes 
cast  for  Delegate  to  Congress  on  November  6,  1888.  Each  of 
the  counties  of  the  Territory  was  made  a  delegate  district, 
and  fifty-five  delegates  were  apportioned.  The  Governor 
on  June  3,  1889,  issued  a  proclamation  setting  the  second 
Monday  in  July,  1889,  as  a  day  for  electing  delegates  to  a 
Constitutional  Convention,  to  be  held  in  Cheyenne  the  first 
Monday  in  September,  1889.  The  proclamation  commenced 
as  follows : 

"Whereas  the  Territory  of  Wyoming  has  the  popula- 
tion, material  resources,  public  intelligence,  and  morality 
necessary  to  insure  a  stable  local  government,"- 

Following  this  general  statement  the  executive  stated  that 
he  was  convinced  that  a  large  majority  of  the  citizens  of 
Wyoming  were  desirous  of  forming  for  themselves  a  con- 
stitution and  State  government  and  of  being  admitted  into 
the  Union  and  of  exercising  the  rights  and  privileges  guar- 
anteed to  a  free  and  loyal  people  under  the  Constitution  of 
the  United  States.  He  asked  further,  that  representative, 
men  of  character  and  ability  be  chosen  as  delegates  to  justly 
represent  all  of  the  classes  and  people  in  Wyoming,  men 
who  would  frame  a  Constitution  which  could  be  submitted 
to  the  people  for  ratification  or  rejection. 

Every  county  elected  delegates  and  sent  them  to  the  con- 
vention, which  met  in  the  Capitol  at  Cheyenne  on  September 
3d,  and  was  in  session  until  September  30,  1889.  This  Con- 
vention contained  representative  citizens,  a  careful,  consci- 
entious and  conservative  class  of  men,  representing  no  one 


THE     HISTORY     OF    WYOMING.  55 

class,  or  political  party.  There  were  in  the  Convention 
men  from  all  walks  in  life,  from  the  farmer  to  the  statesman, 
men  who  had  or  have  since  then  served  the  State  in  the  fol- 
lowing capacities:  Chief  Justices  (3),  United  States  Sena- 
tor, United  States  District  Judges  (2),  Governors  (3),  Rep- 
resentative to  Congress,  President  of  the  University,  State 
Treasurers  (2),  and  also  representatives  for  the  stock  in- 
dustry, for  the  mining  interests,  for  the  merchant,  for  the 
press,  and,  by  far  the  largest  number  representing  the  legal 
profession.  A  majority  of  the  members  had  served  the  Ter- 
ritory in  the  legislature.  They  were  not  novices,  but  men 
of  wide  experience  and  careful  judgment,  familiar  with  the 
present  and  future  needs  and  necessities  of  the  State. 

Our  Constitution,  as  it  now  exists,  was  formulated  and 
adopted  by  this  Convention  and  signed  by  the  members.  In 
accordance  with  a  resolution  passed  by  this  body  the  Gov- 
ernor called  a  special  election  for  November  5,  1889,  asking 
the  citizens  to  ratify  or  reject  the  Constitution  as  presented. 
The  voice  at  the  polls  gave  an  overwhelming  majority  for  the 
document. 

A  bill  for  the  admission  of  Wyoming  as  a  State  into  the 
Union  on  an  equal  footing  with  the  original  Thirteen  States, 
was  introduced  in  the  House  of  Representatives  at  the  next 
Congress.  The  bill  passed  the  House,  was  sent  to  the  Senate 
where  an  amendment  was  made  in  reference  to  the  Yellow- 
stone Park,  and  the  bill  returned  to  the  House  of  Represen- 
tatives for  concurrence.  The  House  agreed  to  the  amend- 
ment and  the  bill  was  passed,  with  the  signature  of  the  Presi- 
dent of  the  United  States  attached  to  the  bill,  on  July  10, 
1890.  The  long  struggle  for  equality  and  liberty  had  ended 
and  Wyoming  became  the  forty- fourth  State  of  the  Union. 
In  the  fall  of  this  year  the  people  elected  the  State  officers, 
a  Representative  to  Congress  and  members  of  the  First  State 
Legislature.  The  most  important  action  taken  by  this  as- 


56  THE     GOVERNMENT    OF    WYOMING. 

sembly  was  the  election  of  two  United  States  Senators.*  We 
now  had  a  voice  in  our  National  laws,  through  our  Senators 
and  our  Representative,  we  had  a  voice  in  the  selection  of 
our  President  by  virtue  of  our  three  electoral  votes,  and  we 
chose  our  State  officers  by  the  voice  of  the  people  at  the 
polls. 

The  Constitution  took  effect  and  was  in  full  force  imme- 
diately upon  the  admission  of  the  territory  as  a  State,  July 
10,  1890.  (Art.  XXI,  Sec.  8.)  While  the  Constitution  was 
framed  and  submitted  to  the  people  for  adoption,  before 
Congress  enacted  a  law  for  the  admission  of  Wyoming  into 
the  Union,  it  was  stated  by  Art.  XXI,  Sec.  23,  that  there  was 
no  intention  or  purpose  on  the  part  of  the  Convention  to  set 
up  and  organize  a  State  government  until  such  time  as  the 
United  States  Government  in  its  wisdom  and  authority 
should  admit  the  Territory  as  a  State  and  call  it  Wyoming. 

REFERENCES. 

Windsor,  Narrative  and  Critical  History  of  America,  Vol.11. 

Hinsdale,  How  to  Teach  History,  Annexation. 

Hermann,  The  Louisiana  Purchase.  (A  Government  publica- 
tion.) 

Hosmer,  The  Louisiana  Purchase. 

Hosmer,   A   Short   History   of  the    Mississippi   Valley. 

Lewis  and  Clark,  The  Expedition  of  Lewis  and  Clark. 

Dye,  The  Conquest. 

McMaster,  History  of  the  People  of  the  United  States,  VoL 
II,  Chap.  XIII. 

Wilson,  A  History  of  the  American  People,  Vol.  III. 

Washington  Irving,  Astoria. 

Cozner,  The  Lost  Trappers. 

Chittenden,  the  History  of  the  American  Fur  Trade  of  the 
Far  West. 

Fremont,  Report  of  the  Exploring  Expedition  to  the  Rocky 
Mountains. 

Henry  and  Thompson,  New  Light  on  the  Early  History  of  the 
Greater  Northwest.  (Ed.  by  Coues.) 


''Hon.  Joseph  M.  Carey  and  Hon.  Francis  E.  Warren. 


THE     HISTORY     OF    WYOMING.  5T 

Roosevelt,  Winning  the  West,  Vol.  IV. 

Hinsdale,  The  Old  Northwest. 

Winsor,  The  Mississippi  Basin   (1697-1763). 

The   Western    Movement    (1763-1798). 

Austin,  Steps  in  the  Expansion  of  Our  Territory. 

Hitchcock,   The   Louisiana    Purchase. 

Thwaite,    Rocky    Mountain    Explorations. 

Coues,  The  Expeditions  of  Zebulon  Montgomery  Pike. 

Chittenden,   Yellowstone    National    Park. 

Northwestern  Wyoming  Including  Yellowstone  National  Park: 
(Government   publication). 

Brooks,  First  Across  the  Continent. 

Bancroft,  Vol.  XXV.     Wyoming. 

Mowry,  Marcus  Whitman  and  the  Early  Days  of  Oregon. 

Parkman,  The  Oregon  Trail. 

Burton,  The  City  of  the  Saints,  and  Across  the  Rocky  Moun- 
tains  to  California. 

Coutant,  History  of  Wyoming,  Vol.  I. 

Wyoming  Historical   Collections,  Vol.   I. 

Wyoming,  Compiled  Laws  1876,  Sioux  and  Shoshone  Indian) 
Treaties. 

U.  S.  Geological  Survey  Bulletins,  No.  171   (for  State  bound- 
aries). 

Pomeroy,   Constitutional   Law. 

Story,  The  Constitution. 

Cooley,  Constitutional  Limitations. 

Journal    and    Debates    of    the    Constitutional    Convention    of" 
Wyoming. 


PART   II 

THE   CONSTITUTION 
OF   WYOMING 


CHAPTER    VIII. 
THE  FORMATION  OF  A   CONSTITUTION. 

A  State  Constitution  is  a  set  of  rules  made  by  the  people 
to  regulate  their  government.  It  is  the  supreme  law  for  the 
State.  It  is  the  highest  State  authority.  It  is  a  document 
which  also  gives  to  the  different  departments  of  the  State 
their  authority.  The  laws  of  a  State  consist  of  the  Constitu- 
tion and  the  acts  of  the  Legislature.  The  courts  do  not 
make  laws,  but  determine  what  the  law  is.  If  we  are  unable 
to  understand  what  is  intended  by  the  wording  of  the  law, 
the  courts  interpret  for  what  purpose  the  law  was  enacted. 
If  the  laws  given  us  were  perfectly  plain  and  absolutely 
capable  of  but  one  interpretation,  there  would  be  no  need  of 
lawyers  or  courts.  It  is  impossible  to  do  without  the  Judi- 
cial Department  of  Government,  for  no  two  people  think 
exactly  alike  any  more  than  two  people  who  look  at  the  same 
landscape  see  precisely  the  same  objects.  This  difference  of 
opinion  as  to  the  meaning  of  the  law  makes  the  legal  pro- 
fession a  possibility  and  the  courts  a  necessity. 

We  not  only  make  our  laws,  but  place  judges  over  us  who 
shall  translate  where  we  cannot  read.  How  did  we  acquire 
the  power  and  authority?  This  first  step  to  civil  liberty 
dates  back  to  the  time  of  King  John,  in  1215,  when  a  docu- 
ment called  the  Mag  no  Charta,  the  Great  Charter,  was 
issued.  This  guaranteed  to  the  English  freemen  liberties 
not  before  enjoyed.  The  kings  exercised  all  the  legislative 
power  and  gradually  liberty  approached  serfdom  through 
abuses  and  usurpations  on  the  part  of  kingly  authority. 
This  Magna  Charta  is  one  of  our  most  precious  historical 
documents  and  is  the  foundation  of  our  common  law.  It 
guaranteed  to  the  freemen  no  imprisonment  unless  "by  the 
lawful  judgment  of  his  peers  or  the  law  of  the  land."  It 
further  stated  that  "we  will  sell  to  no  man,  we  will  not  deny 
to  any  man  either  Justice  or  Right." 


THE    CONSTITUTION    OF    WYOMING.  61 

Charles  I  in  1629  assented  to  the  Petition  of  Right  which 
made  taxation  only  possible  by  an  Act  of  Parliament,  and 
stated  that  no  man  could  be  imprisoned  without  due  process 
of  law. 

The  Habeas  Corpus  Act  was  passed  in  1679,  during  the 
reign  of  Charles  II.  This  act  further  protected  those  who 
were  unlawfully  imprisoned.  It  demanded  that  the  authori- 
ties permit  the  accused  to  appear  in  open  court  in  person 
(hence  the  term  "thou  mayest  have  the  body"),  and  know 
why  he  was  arrested.  Then  came  the  Bill  of  Rights,  under 
William  and  Mary  in  1689.  This  bill  carried  with  it  the 
better  security  of  the  right  of  life,  liberty  and  property.  It 
provided  against  cruel  punishment,  obtaining  money  for  the 
use  of  the  Crown  without  the  consent  of  Parliament,  the 
raising  of  a  standing  army  in  time  of  peace  and  the  quarter- 
ing of  soldiers  contrary  to  law,  excessive  bail  and  fines  and 
impeachment  for  the  freedom  of  speech. 

The  Colonial  people  of  our  country  brought  with  them 
from  England  the  ideas  embraced  in  these  four  documents 
and  the  Declaration  of  Independence  was  based  upon  the 
rights  so  given  to  them  through  their  forefathers. 

These  people  believed  that  they  were  entitled  to  the  same 
protection  and  privileges  as  were  granted  them  before  com- 
ing to  this  country.  They  believed  that  the  mother  coun- 
try violated  her  laws  when  she  taxed  them  without  represen- 
tation, when  she  arrested  and  tried  them  without  due  process 
of  law,  when  she  kept  up  a  standing  army  in  time  of  peace 
and  when  she  denied  them  the  freedom  of  the  press.  Founded 
on  the  belief  of  this  usurpation  of  rights  the  Declaration  of 
Independence  was  written  and  the  Revolution  was  fought. 

The  rights  which  the  Parliament  and  the  English  Gov- 
ernment had  given  to  her  people  were  retained  by  her  colo- 
nists after  they  had  severed  their  connection  with  the  parent 
country.  They  waged  war  to  establish  and  regain  the  privil- 
eges contained  in  the  sacred  charters  of  1215.  1629,  1679 


62  THE     GOVERNMENT    OF    WYOMING. 

and  1689.  The  document  of  July  4,  1776,  declaring  our 
independence  not  only  recites  the  grievances  against  England 
but  declares  what  the  rights  were  as  previously  granted. 
"  We  hold  these  truths  self-evident  that  all  men  are  created 
equal,  that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights,  that  among  them  are  life,  liberty  and  the 
pursuit  of  happiness;  that  to  secure  these  rights  govern- 
ments are  instituted  among  men  deriving  their  just  powers 
from  the  consent  of  those  governed.  *  *  *  That  these 
United  States  are  and  of  right  ought  to  be  free  and  independ- 
ent States.  *  *  *  and  that  as  free  and  independent 
States  they  have  the  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  establish  commerce  and  do  all  other  acts 
and  things  which  independent  States  may  of  right  do." 

In  order  to  obtain  these  inalienable  rights  and  to  exercise 
the  power  of  free  and  independent  States  The  Articles  of 
Confederation  were  drawn  and  put  in  force  1776-1778. 
The  document  was  written  in  1776,  but  could  not  be  put 
into  effect  until  all  the  States  signed  it,  and  Virginia  was  the 
last  one  to  sign  in  1778.  These  articles  formed  a  compact 
between  the  thirteen  States.  They  gave  the  Government  new 
powers  and  established  interstate  relations  which  did  not 
before  exist.  A  citizen  of  one  State  enjoyed  the  privileges 
of  any  of  the  other  States.  The  grave  error  in  this  docu- 
ment was  that  while  it  gave  to  the  citizens  the  power  to 
assess  the  States  for  money  it  gave  no  authority  to  collect 
the  revenue.  Power  was  given  to  Congress  to  make  new 
laws,  but  no  provision  was  made  to  enforce  them.  There 
was  no  Chief  Magistrate  to  enforce  the  laws,  no  Judiciary 
to  interpret  them.  The  Government  was  no  more  than  an 
advisory  board,  without  any  power  of  putting  into  action 
the  advice  given.  Congress  was  left  at  the  mercy  of  the 
States.  If  they  did  not  see  proper  to  pay  the  amount  taxed, 
they  did  not  pay.  There  was  no  power  to  force  them  to  ac- 
tion, and  for  this  reason  the  Confederation  failed.  What  they 


THE    CONSTITUTION    OF    WYOMING.  63 

needed  was  one  central  Government  in  place  of  the  thirteen 
separate  ones.  The  States  had  been  jealous  of  a  central 
Government  and  limited  its  authority  to  such  a  degree  that 
it  was  powerless. 

The  Constitution  of  the  United  States  was  a  result  of 
the  failure  of  the  Articles  of  Confederation.  It  was  adopted 
in  1787  at  Philadelphia  after  a  stormy  session  of  four 
months.  The  defects  of  the  Articles  of  Confederation  were 
remedied  and  authority  was  given  to  Congress  not  only  to 
enact  laws  but  full  power  to  provide  for  their  enforce- 
ment. The  Constitution  protected  the  central  Government 
and  at  the  same  time  shielded  the  State  authorities.  It 
established  the  three  departments  of  government,  the  Exec- 
utive, Judicial  and  Legislative.  This  was  a  new  creation 
in  the  world  of  government.  This  trinity  of  authority  is  the 
stronghold  of  our  National  and  State  Constitutions.  There 
was  no  Bill  of  Rights  in  the  original  Constitution.  Some 
of  the  States  were  afraid  that  this  central  Government 
created  with  new  powers  might  usurp  some  of  these  fun- 
damental rights  of  the  people,  and  before  they  would  sign 
the  Constitution  amendments  were  made  in  the  form  of 
Bill  of  Rights.  These  amendments,  I  to  X,  limited  and 
restricted  the  powers  of  Congress.  The  States  were  to  be 
under  the  authority  of  the  Federal  Government,  yet  there 
was  a  desire  to  have  limitation  placed  upon  its  power  by 
these  amendments.  No  chances  were  to  be  taken  that  State 
rights  given  by  the  Constitution  might  at  a  future  day  be 
wrested  from  them  by  Congressional  action.  The  Constitu- 
tion as  adopted  with  its  amendments  is  the  supreme  law  of 
the  land.  If  Congress  passes  acts  that  are  inconsistent 
with  the  provisions  set  forth  in  the  Constitution  these 
acts  are  not  laws,  but  unconstitutional  enactments,  and  are 
void.  (The  Judiciary  decides  if  an  act  is  constitutional  or 
unconstitutional,  and  by  the  decision  rendered  through  this 
court  the  enactment  is  made  a  law  or  declared  unconstitu- 


•64  THE     GOVERNMENT     OF    WYOMING. 

tional.  No  act,  however,  is  passed  upon  unless  some  actual 
•case  in  controversy  comes  before  the  court  for  final  determin- 
ation.) 

The  State  of  Wyoming  was  formed  through  the  author- 
ity granted  Congress  by  Article  IV,  Section  3,  Clause  I,  of 
the  United  States  Constitution.  "  New  States  may  be 
admitted  into  the  Union  by  the  Congress."  No  part  of  our 
State  Constitution  is,  or  could  be,  in  conflict  with  the 
Federal  Constitution.  We  must  be  governed  first  of  all  by 
the  law  contained  in  our  National  Constitution,  and  must 
formulate  our  State  laws  in  harmony  with  its  provisions. 
All  acts  of  our  Legislature  are  regulated  by  our  State  Con- 
stitution. If  these  acts  conform  to  conditions  of  the  State 
•Constitution,  they  become  laws,  but  if  contrary  to  these  con- 
ditions, the  enactments  are  without  force  and  are  declared 
unconstitutional. 

There  are  written  and  unwritten  Constitutions.  England's 
Constitution  is  called  unwritten  because  it  is  not  embodied 
in  any  one  separate  document,  and  is  largely  a  matter  of 
long-established  customs  and  precedents.  Yet  her  Consti- 
tution may  be  found  in  a  large  degree  in  the  written  docu- 
ments upon  which  we  based  our  Constitution.  The  leading 
idea  in  America  is  that  the  power  to  change  the  Constitution 
must  rest  with  the  people.  We  cannot  all  meet  in  one  gather- 
ing and  enact  laws,  hence  the  Constitution  was  written 
delegating  powers  that  could  be  used  by  those  who  repre- 
sent us,  but  beyond  the  provisions  of  the  Constitution  they 
-cannot  go.  If  time  changes  conditions  and  the  provisions 
•of  the  Constitution  no  longer  best  meet  the  needs  of  the 
people  amendments  are  made.  These  amendments  can  only 
"be  made  through  the  people  in  the  same  manner  in  which 
the  Constitution  was  adopted. 

Our  State  Constitution  consists  of  three  distinct  parts : 
(i)  The  Declaration  of  Rights,  (2)  The  Frame  of  Govern- 
ment, (3)  The  Schedule.  There  is  also  the  Preface,  or 


THE    CONSTITUTION    OF    WYOMING. 


65 


Introduction,  called  the  Preamble,  and  the  Postscript,  or 
Appendix,  called  the  Ordinances.  A  Preamble  is  used  as 
an  introductory  clause,  reciting  the  reasons  for  passing  the 
document. 


Preamble  of  the  WYOMING 
Constitution. 

We,  the  people  of  the  State 
of  Wyoming,  grateful  to  God 
for  our  civil,  political  and 
religious  liberties,  and  desir- 
ing to  secure  them  to  our- 
selves and  perpetuate  them 
to  our  posterity,  do  ordain 
and  establish  this  Constitu- 
tion. 


Preamble  of  the  NATIONAL 
Constitution. 

We,  the  people  of  the  Unit- 
ed States,  in  order  to  form 
a  more  perfect  union,  estab- 
lish justice,  insure  domestic 
tranquility,  provide  for  the 
common  defence,  promote 
the  general  welfare  and  se- 
cure the  blessings  of  liberty 
to  ourselves  and  our  posteri- 
ty, do  ordain  and  establish 
this  Constitution  of  The  United 
States  of  America. 


The  National  Constitution  established  rights  and  liberties 
as  set  forth  in  the  Preamble ;  these  privileges  the  State 
Constitution  acknowledges  as  being  in  force,  and  expresses 
a  wish  to  have  them  continued  and  handed  down  from  gen- 
eration to  generation.  The  one  Constitution  was  made  pos- 
sible only  through  war.  The  powder  used  in  obtaining  the 
other  was  the  celebration  after  the  people  at  the  polls  had 
ratified  the  action  of  the  Constitutional  Convention. 

(i)  The  Declaration  of  Rights  contains  a  recital  of  the 
fundamental  rights  of  citizens  and  the  principles  which 
protect  their  life,  liberty  and  property,  as  given  to  the  people 
by  the  Magna  Charta  and  kindred  charters.  This  state- 
ment of  rights  acts  as  a  guide  for  the  different  Departments 
of  State  in  the  execution  of  their  duties.  The  decisions 
of  the  Judiciary  are  often  based  upon  the  principles  contained 
therein  and  they  are  a  valuable  guide  for  the  limitation 
of  or  exercise  of  Constitutional  power. 


66  THE     GOVERNMENT    OF    WYOMING. 

(2)  The  Frame  of  Government  divides  the  power  of  the 
State  into  departments  and  delegates  to  officers  represent- 
ing the  divisions  of  Government  their  duties,  their  power 
and   authority.     This   part  of  the   Constitution   designates 
how  these  officers  shall  be  elected.     It  contains  regulations 
for  suffrage,  for  education,  for  public  health  and  morals, 
for  institutions  for  the  unfortunate,  for  the  industries  to  be 
carried  on  in  the  State,  for  the  operation  of  corporations ; 
it  defines  the  boundaries  of  our   State,   and  provides   for 
county  organizations;    it  establishes  a  method  of  uniform 
taxation   and   revenues;    also   accepts   the   grants   of   land 
donated  by  the  Government.     The  miscellaneous  provisions 
include  education,  arbitration  and  labor,  amendments,  con- 
stitutional conventions  and  new  constitutions. 

(3)  The  Schedule  directs  the  action  to  be  taken  in  order 
to  pass   from  Territorial  to  State  Government.     It  makes 
the  territorial  laws  become  the  laws  of  the  State.     It  trans- 
fers the  property  owned  by  the  Territory  to  the  State,  and 
gives  information  as  to  the  method  by  which  the  Constitu- 
tion  shall  be   submitted   for   acceptance   or   rejection,   and 
finally  makes  provision  for  the  election  of  the  first  State 
officers  and  Legislature.    The  Schedule  also  contains  direc- 
tions by  which  the  new  government  may  be  put  into  opera- 
tion. 

The  Ordinances  declare  Wyoming  to  be  one  of  the  States 
of  the  Union  and  the  Federal  Constitution  the  supreme 
law  of  the  land,  recognize  religious  liberty,  disclaim  any 
title  to  the  public  lands  within  our  boundaries,  assume  the 
debts  contracted  by  the  Territory,  and  empower  the  Legis- 
lature to  regulate  the  common-school  education. 

The  Declaration  of  Rights  is  a  restraint  on  any  legis- 
lative action  that  might  result  in  destroying  any  of  the 
political  freedom  of  the  people.  It  is  the  safeguard  against 
arbitrary  power  which  might  at  some  time  be  used  by  a 
majority  in  the  Legislature  to  deprive  the  citizens  of  their 


THE    CONSTITUTION    OF    WYOMING.  67 

fundamental  rights  —  rights  that  have  been  gradually 
acquired  during  the  past  centuries.  As  we  examine  the 
different  Departments  of  State  in  this  book  these  rights 
will  be  included  in  their  proper  divisions  of  administration. 
That  there  may  be  no  conflict  of  control  or  authority, 
the  powers  of  the  State  Government  are  divided  into  three 
distinct  and  separate  divisions :  the  Legislative,  the  Execu- 
tive and  Judicial  departments.  The  members  of  the  Legis- 
lature, the  Governor  and  the  officers  of  the  courts,  represent- 
ing these  three  departments,  are  all  elected  by  a  direct  vote 
of  the  people. 

QUESTIONS. 

1.  What  is  a   Constitutional  Convention? 

2.  What  is  a  Constitution? 

3.  What  are  laws?    How  are  they  made? 

4.  Explain  the  relations  to  one  another  of  the  Magna  Charta, 
the  Petition  of  Right,  the  Habeas  Corpus  Act,  the  Bill  of  Rights, 
the  Declaration  of  Independence,  the  Articles  of  Confederation, 
the  Constitution.     Which  is  the  most  important?     Why? 

5.  Why  was   there  no   Bill   of   Rights   in  the   original   Con- 
stitution? 

6.  What  is  the  Supreme  Law  of  the  United  States? 

7.  Can  there  be  unwritten  Constitutions? 

8.  What   is    an    unconstitutional    act?     What   is   its    power? 
Can  you  decide  whether  an  act  is  unconstitutional?    Why? 

9.  State  the  relation  of  the  Judicial  Department  to  the  Legis- 
lative in  law  making. 

10.  How  are  Constitutions  amended? 

11.  What  are  the  different  divisions  of  our  State  Constitution? 
Explain  the  purposes  of  these  divisions. 

12.  In  what  particulars   do  the   State  and  the   Federal   Con- 
stitutions differ  in  the  preamble? 

REFERENCES. 

Jameson,  Constitutional  Conventions,  Ch.  I. 
Fiske,  Civil  Government  in  the  United  States,  Ch.  VII. 
Story,  The  Constitution,  II,  Ch.  XXXVIII. 

James    and    Sanford,    Government    in    the    State    and    Nation, 
Ch.   XII. 


68  THE    GOVERNMENT    OF    WYOMING. 

Cooley,  Principles  of  Constitutional  Law,  Ch.  I,  and  Con- 
stitutional Limitations,  Ch.  XVI. 

Hart,  Actual  Government,  Sec.  28. 

Ashley,  The  American  Federal  Government,  pp.  10,  317-319, 
Ch.  XVIII. 


Hill,  Liberty  Documents,  Ch.  II,  VI,  VII,  IX,  XIV,  XV, 
XVII  (particularly  helpful  for  copies  of  original  docu- 
ments). 

Examine  carefully  the  Constitution  of  Wyoming  and  the  Pro- 
ceedings of  the  Constitutional  Convention. 


CHAPTER   IX. 
THE  LEGISLATIVE  DEPARTMENT. 

Our  Constitution,  in  common  with  most  of  the  State 
Constitutions,  legislates  and  contains  administrative  regu- 
lations. This  is  done  to  restrict  the  powers  of  the  depart- 
ments and  put  limitation  upon  their  authority. 

The  Legislature  has  power  to  enact  the  ordinary  statute 
law,  deriving  always  its  power  from  the  people  through  the 
Constitution. 

Except  as  the  Constitution  directs,  no  department  can 
exercise  the  powers  of  the  other  departments.  (Art.  II,  Sec. 
i.)  The  regular  sessions  of  the  Legislature  are  limited 
to  forty  days.  (Art.  Ill,  Sec.  6,  Cl.  2.)  Bills  can  only  be 
passed  in  the  manner  as  the  people  through  the  Constitution 
have  directed.  (Art.  Ill,  Sec.  20-28.) 

The  Legislative  Department  is  composed  of  a  Senate  and 
a  House  of  Representatives,  and  is  called  "  The  Legislature 
of  the  State  of  Wyoming."  The  Senators  are  elected  for 
a  term  of  four  (4)  years  and  the  Representatives  are  elected 
for  two  (2)  years.  At  present  our  Legislature  is  composed 
of  twenty-three  (23)  Senators  and  fifty  (50)  Representa- 
tives. (S.  L.  1901,  Ch.  91,  Sec.  5.) 

The  number  of  Senators  and  Representatives  that  the 
State  may  have  in  the  Legislature  is  regulated  by  the  inhab- 
itants contained  in  the  respective  districts.  For  convenience 
each  county  is  called  a  senatorial  and  representative  district. 
There  are  thirteen  of  these  districts,  sending  to  the  Legis- 
lature as  many  members  as  are  designated  in  the  following 
list: 

Senators.    Representatives. 

Albany  County   3  6 

Big  Horn  County I  3 

Carbon  County   3  5 

Converse  County    I  3 


70  THE     GOVERNMENT    OF    WYOMING. 

Senators.     Representatives. 

Crook  County   .  . i  2 

Fremont  County  I  3 

Johnson  County I  2 

Laramie  County   4  10 

Natrona  County   I  i 

Sheridan   County    i  3 

Sweetwater  County   2  4 

Uinta  County 3  6 

Weston  County i  2 

23  50 

The  restrictions  placed  upon  the  apportionment  of  mem- 
bers of  the  Legislature  are :  ( i )  Each  county  shall  have  at 
least  one  Senator  and  one  Representative,  regardless  of  the 
number  of  inhabitants;  (2)  At  no  time  shall  the  House  of 
Representatives  contain  a  number  of  members  which  shall 
be  less  than  twice  as  many  as  are  in  the  Senate,  nor  a  greater 
number  than  three  times  those  of  the  Senate.  (Art.  Ill, 
Sec.  3,  Cl.  3.)  As  there  are  now  twenty-three  Senators, 
there  must  be  at  least  forty-six  Representatives,  and  there 
might  have  been  as  many  as  sixty-nine  had  the  Legislature 
so  desired.  This  limitation  is  necessary  in  order  to  preserve 
a  balance  of  power  between  the  two  houses  and  not  give 
undue  authority  to  either  one.  The  Senate  is  often  desig- 
nated as  the  "  Upper  House  "  and  the  House  of  Represen- 
tatives as  the  "  Lower  House." 

A  person  eligible  to  the  Legislature  must  be  a  citizen  of 
the  United  States  and  a  resident  of  Wyoming ;  he  must  have 
lived  in  the  county  from  which  he  is  elected  at  least  one 
year  previous  to  his  election.  Senators  must  be  at  least 
twenty-five  years  of  age  and  Representatives  twenty-one 
years.  The  desire  to  have  the  Legislature  composed  of  two 
classes  of  members  has  made  this  requirement  in  the  differ- 
ence of  age.  Experience  and  mature  judgment  are  supposed 


THE    CONSTITUTION    OF    WYOMING.  71 

to  come  with  age,  and  a  much  older  class  of  men  are 
always  found  in  our  Senates.  The  members  are  looked 
upon  as  more  conservative  in  the  formation  of  laws,  and 
act  as  a  check  on  the  more  radical  measures  adopted  by  the 
House  of  Representatives.  All  of  the  members  of  the 
House  of  Representatives  are  elected  every  two  years,  but 
only  one-half  of  the  Senate  is  so  elected,  the  other  half 
serving  a  second  term,  and  in  this  way  the  Legislature  is 
never  composed  entirely  of  new  members.  When  a  vacancy 
occurs  in  the  Legislature  by  death  or  removal  from  the  State 
or  any  other  cause,  the  Governor  does  not  have  the  power 
to  appoint  some  one  else  to  take  the  place,  as  he  does 
vacancies  occurring  in  many  of  the  State  offices.  The 
matter  is  submitted  to  the  people  by  special  election,  who 
re-elect  a  member  from  the  district  having  the  vacancy. 

The  Constitution  prohibits  the  Legislature  as  to  its  acts 
in  as  great  a  degree  as  it  directs  them  what  to  do.  The  laws 
of  "  Thou  shalt  not  "  of  the  Constitution  equal  the  commands 
to  do.  This  is  a  wise  regulation,  because  it  is  easier  to 
foresee  where  injuries  and  injustice  may  be  done  than  it 
is  to  anticipate  all  the  needs  for  the  good  of  a  commonwealth. 

Restriction  upon  Legislation. —  Section  27,  Article  III, 
forbids  the  Legislature  to  enact  laws  in  seventy-eight  differ- 
ent cases.  These  cases  are  all  enumerated  and  cannot  be 
subject  to  special  or  local  laws  to  govern  them.  Laws  must 
be  general  in  their  nature  in  order  to  be  valid  and  have  force, 
and  in  order  to  avoid  class  legislation. 

Legislators  Prohibited. —  No  foreigner  or  non-resident 
of  the  State  or  person  under  twenty-one  years  of  age  can 
be  a  member  of  the  Legislature.  (Art.  Ill,  Sec.  2.) 

The  apportionment  cannot  in  the  Senate  be  greater  than 
one-half  the  number  in  the  House.  (Sec.  3.)  Compensation 
for  services  must  not  exceed  a  certain  amount,  fixed  by  a 
preceding  Legislature ;  at  present  it  is  fixed  at  five  dollars 


72  THE     GOVERNMENT    OF    WYOMING. 

a  day  and  ten  cents  mileage.  Regular  sessions  cannot  extend 
beyond  forty  days.  (Sees.  6  and  9;  R.  S.  1899,  Sec.  34.) 
No  monies  can  be  paid  out  of  the  State  treasury  to  employees 
of  the  Legislature  not  appointed  according  to  law.  (Sec. 
29.)  No  member  can  vote  on  a  bill  in  which  he  has  a 
private  interest  (Sec.  46)  ;  nor  can  he  have  an  interest  in 
a  contract  furnishing  supplies  for  the  use  of  the  Legislative 
Assembly  ( Sec.  31);  and  he  cannot  occupy  any  'civil  office 
(except  a  notary  public  or  officer  of  the  State  militia)  or  be 
a  member  of  Congress  while  acting  in  his  legislative  capacity. 
(Sec.  8.)  A  member  expelled  for  corruption  cannot  again 
serve  as  a  lawmaker.  (Sec.  12.)  Neither  House  can 
adjourn  sine  die  or  finally  adjourn  without  the  consent  of 
the  other.  (Sec.  15.) 

No  bill  granting  extra  compensation  after  services  have 
been  rendered  can  be  passed  (Sec.  30)  ;  and  no  bill  can  be 
so  changed  when  passing  from  one  House  to  the  other  so 
as  to  alter  its  original  purpose  (Sec.  20)  ;  except  for  the 
expenses  of  the  government  of  the  State,  no  bill  can  be 
introduced  carrying  with  it  an  expenditure  of  money  within 
five  days  of  the  close  of  the  session,  unless  by  unanimous 
consent.  (Sec.  22.)  Bills  embracing  more  than  one  sub- 
ject, except  relating  to  the  classification  and  revision  of  laws 
and  the  general  appropriation  bills,  cannot  be  passed.  Each 
bill  must  be  clearly  expressed  by  its  title.  (Sec.  24.)  If 
a  law  is  amended  in  any  way,  it  cannot  be  changed  by 
reference  to  the  title  only,  but  the  amended  portion  must 
be  re-enacted  and  printed  in  full  (Sec.  26)  ;  and  no  bill  can 
become  a  law  except  it  is  first  referred  to  a  committee  and 
put  in  printed  form  for  legislative  consideration,  and  then 
passed  by  a  majority  vote  of  each  House,  and  the  action 
taken  by  each  member  in  voting  must  be  made  of  record. 
(Sees.  23  and  25.)  No  power  can  be  given  to  private 
individuals  to  regulate  municipal  affairs.  (Sec.  37.)  Con- 
tracts cannot  be  impaired  nor  ex  post  facto  laws  be  made. 


THE    CONSTITUTION    OF    WYOMING.  73 

(Dec.  of  R.,  Sec.  35.)  The  Legislature  cannot  remove  the 
seat  of  government  of  a  county,  nor  divide  a  county  in  mak- 
ing Representative  districts,  or  form  a  new  county  without 
complying  with  the  State  requirements.  (Art.  XII,  Sees. 
2  and  3;  Art.  Ill,  Apport.,  Sec.  3.) 

These  restrictions  placed  upon  the  Legislature  relate 
largely  to  financial  questions  and  the  guarding  against  local 
or  private  interests  in  introduction  of  bills  which  may 
become  a  law. 

Legislators  Empowered.  —  The  Legislature  meets  the 
second  Tuesday  in  January  every  odd  numbered  year.  (Art. 
Ill,  Sec.  7.)  Each  House  acts  as  a  judge  of  the  quali- 
fications of  its  members  to  take  their  places  as  legislators, 
and  determines  the  rules  governing  its  proceedings.  The 
Senate  elects  a  President  as  a  presiding  officer,  and  the 
House  of  Representatives  elects  a  Speaker,  each  of  whom 
must  be  a  member  of  the  house  he  represents.  (Sees.  10 
and  12.)  A  majority  of  the  members  of  each  house  consti- 
tutes a  quorum  and  elect  all  the  legislative  officers.  (Sees. 
10  and  12.)  Legislators  are  exempt  from  arrest  while 
attending  sessions,  except  for  breach  of  peace,  treason 
and  violation  of  their  oath  of  office.  (Sec.  16.)  All  the 
proceedings  of  each  house  must  be  made  of  written  record, 
open  to  the  public,  except  as  necessity  may  demand  secrecy. 
The  sessions  are  open  to  the  public  unless  there  may  be 
some  special  reason  which  requires  a  private  meeting.  (Sees. 
13  and  14.)  All  bills  and  joint  resolutions  are  signed  in 
open  session  by  the  President  of  the  Senate  and  Speaker 
of  the  House  of  Representatives,  and  the  fact  that  they  were 
so  signed  is  entered  upon  the  journal  of  each  house.  (Sec. 
28.)  The  Legislature  provides  for  the  regulations  of  cor- 
porations (Art.  X,  Sees,  i  and  10;  Art.  XIII,  Sec.  3)  and 
for  courts  of  arbitration  to  settle  controversies  between 
laborers  and  their  employers.  Aliens  cannot  be  employed 
in  connection  with  any  State,  county  or  municipal  works. 
(Art.  XIX,  Labor,  Sec.  i.) 


74  THE     GOVERNMENT    OF    WYOMING. 

If  two  candidates  for  Governor  of  the  State  receive  at  a 
general  election  an  equal  number  of  votes,  the  Legislature 
at  a  joint  session  elects  by  ballot  one  of  these  candidates  to 
fill  the  position.  (Art.  IV,  Sec.  3.)  The  Legislature  has 
the  right  to  organize  new  counties  and  provide  for  town- 
ship organization  (Art.  XII,  Sees.  2,  3  and  4)  and  direct 
the  manner  of  taking  the  State  census  every  tenth  year 
after  1895 ;  the  number  of  inhabitants  so  recorded  is  used 
as  the  basis  for  the  apportionment  of  State  Senators  and 
Representatives.  (Art.  Ill,  Apport.,  Sees.  2  and  3.)  The 
Constitution  is  amended,  revised  or  a  new  one  adopted 
by  direction  of  the  Legislature,  but  no  Constitution,  amend- 
ment or  revision  is  valid  unless  voted  upon  by  the  people  of 
the  State.  (Art.  XX.) 

An  amendment  to  the  Constitution  is  proposed  by  either 
branch  of  the  Legislature,  and  if  passed  by  two-thirds  of 
both  houses  the  amendment  is  submitted  to  the  electors  of 
the  State  at  the  next  general  election,  and  if  a  majority  of 
the  electors  ratify  the  proposed  amendment  it  becomes  a 
part  of  the  Constitution.  Constitutional  conventions  are 
called  in  the  same  way.  Only  once  in  our  history  has  a  Con- 
stitutional amendment  been  submitted  to  the  people.  It 
failed  to  pass  for  lack  of  the  requisite  number  of  votes.  The 
question  had  more  of  a  county  interest  than  one  of  general 
importance.  (Art.  XX,  Sec.  I.) 

At  the  regular  election  in  the  fall  of  1890,  Article  XVI 
of  the  Constitution  relating  to  the  selling  of  county  bonds 
to  refund  indebtedness  was  voted  upon  for  amendment.  The 
total  number  of  votes  cast  at  the  election  was  25,429,  and  of 
this  number  only  7,605  people  voted  on  the  amendment. 
There  were  5,435  votes  for  the  amendment  and  2,170  against 
it.  In  order  to  have  adopted  the  amendment  it  would  have 
been  necessary  to  have  at  least  a  majority  of  the  25,429  votes, 
or  12,730  votes,  in  favor  of  the  amendment.  The  Seventh 
State  Legislature  of  1903  by  a  joint  resolution  proposed  the 


THE    CONSTITUTION    OF    WYOMING.  75 

amendment  of  the  Constitution  so  far  as  relates  to  Article  V, 
Section  17,  in  reference  to  salaries  of  Judges  of  the  Supreme 
and  District  Courts.  At  present  each  one  receives  three 
thousand  dollars  annually.  If  the  amendment  carries,  the 
Supreme  Court  Judges  will  receive  five  thousand  dollars  a 
year  and  the  District  Judges  four  thousand  dollars.  This 
resolution  will  be  presented  to  the  people  for  ratification 
or  rejection  November,  1904.  As  this  is  a  question  of  gene- 
ral importance,  it  will  receive  more  attention  from  all  parts 
of  the  State  than  the  former  proposed  amendment. 

Election  and  contest  cases  not  provided  for  in  the  Con- 
stitution are  arranged  for  by  the  Legislature  (Art.  VI, 
Elections,  Sees,  i,  2  and  6),  as  are  the  deputy  officers  (Art. 
XIV,  Sec.  4),  as  are  also  laws  for  the  protection  of  live  stock 
from  infectious  diseases,  the  provision  for  public  health  and 
morals,  the  equipment  of  a  State  militia,  and  the  establish- 
ment and  maintenance  of  public  schools  and  free  education. 
(Art.  XIX,  Sec.  i ;  Art.  VII,  Sec.  20;  Art.  XVII,  Sec.  2; 
Art.  VII,  Sec.  i,  and  Ord.,  Sec.  5.) 

The  Legislature  in  joint  session  elects  the  two  United 
States  Senators.  The  person  receiving  the  majority  of  all 
of  the  votes  cast  is  declared  the  Senator.  His  term  is  for 
six  years  and  his  salary  is  paid  by  the  United  States.  (Sal- 
ary, $5,000  a  year.)  The  President  of  the  State  Senate  and 
Speaker  of  the  House  and  the  Governor  and  Secretary  of 
State  all  sign  his  certificate  of  election.  (Seed.,  Sec.  13.) 

QUESTIONS. 

1.  What  are  the  two  branches  of  the  Legislature? 

2.  How  many  senators  and  representatives  have  you  from 
your  county?     Name  them. 

3.  Why  has  Wyoming  only  thirteen  senatorial  and  represen- 
tative districts? 

4.  What    is    the    limitation    of    representation    in    our    State 
legislature? 

5.     Can  an  alien  be  a  member  of  our  legislature? 


76  THE    GOVERNMENT    OF    WYOMING. 

6.  What   restrictions    are   put   upon    legislative   enactments? 
What  is  an  enactment?    How  does  it  differ  from  a  law? 

7.  Enumerate  the  powers  of  the  legislature. 

8.  What  action  can  the  legislature  take  about  proposed  con- 
stitutional  amendments? 

10.  Who  elects  a  United  States  Senator?    Who  are  the  United 
States  Senators  from  this  State? 

11.  Name    some   important   laws   enacted  by   the   last   legis- 
lature. 

12.  Compare   the   class    of   men    elected   to   a    Constitutional 
Convention  and  those  elected  to  a  legislature. 

REFERENCES. 

Bryce,  The  American  Commonwealth,  I  Ch.  XL. 

Ashley,  The  American  Federal  State,  Sees.  417-429. 

Hart,  Actual  Government,  Ch.  VII. 

Roosevelt,  "  Phases  of  State  Legislature  "  (American  Ideals). 

Cooley,  Constitutional  Law,  Ch.  XVIII. 

James  and  Sanford,  Ch.  II. 

Hinsdale,   American    Government,    Chap.    LI. 

Wilson,  The  State,  Sees.  1126-1208. 

Cooley,  Constitutional  Limitations,  Chaps.  V  and  VI. 


CHAPTER    X. 
THE  EXECUTIVE  DEPARTMENT. 

When  State  Constitutions  were  first  adopted,  there  was  a 
tendency  to  give  the  Legislatures  a  great  amount  of  power 
and  to  restrict  the  authority  of  the  Governors.  This  was 
the  outgrowth  of  the  general  distrust  from  Colonial  times 
that  had  risen  against  executives  put  in  power  over  the 
people.  The  Legislature  as  directly  representing  the  people 
was  given  almost  unlimited  power,  and  the  Governor  could 
not  veto  any  measure.  It  soon  became  apparent,  however, 
that  the  restrictions  must  be  placed  upon  the  lawmakers 
and  more  authority  be  given  to  the  chief  executives  of  the 
States.  The  veto  power  was  given  as  a  check  to  legislative 
action,  and  the  legislative  authority  became  more  and  more 
curtailed.  Formerly  the  State  officials,  including  the  Gover- 
nor, were  appointed  by  the  Legislatures,  while  at  present 
these  can  only  confirm  the  selection  made  by  the  Governors, 
and  the  Governors  are  now  elected  by  the  people. 

The  Governor's  Powers.  —  The  chief  executive  powers 
are  vested  in  a  Governor,  who  is  elected  by  the  people  at  a 
general  election.  (Art.  IV,  Sees.  I  and  3.)  His  term  of 
office  is  for  four  years,  and  he  receives  a  salary  of  two 
thousand  five  hundred  dollars  a  year.  (Sees.  I  and  13.) 
To  be  eligible  to  the  office  of  Governor  one  must  be  a  citizen 
of  the  United  States,  a  voter  of  the  State  and  must  have 
resided  within  the  State  at  least  five  years  preceding  the 
time  of  the  election  to  be  sought.  He  must  be  at  least 
forty  years  of  age.  (Sec.  2.)  If  for  any  reason  the  Gov- 
ernor's office  becomes  vacant,  the  Secretary  of  State  becomes 
the  acting  Governor.*  This  vacancy  may  occur  in  several 
ways.  It  may  be  a  temporary  or  a  permanent  one.  It  may- 
be by  death,  resignation  or  removal  for  cause,  and  it  may  be 


*In  this  case  the  Secretary  of  State  receives  not  only  his  salary,  but  the  salary 
of  a  Governor. 


78  THE     GOVERNMENT    OF    WYOMING. 

sickness  or  absence  from  the  State.  (Sec.  6.)  If  the  Sec- 
retary of  State  could  not  act  as  Governor  for  any  of  the 
reasons  enumerated  in  reference  to  the  Governor,  the 
President  of  the  last  Senate  takes  the  office;  if  he  is  not 
able  to  serve,  the  next  in  order  of  succession  as  Acting 
Governor  is  the  Speaker  of  the  House  of  Representatives; 
if  he  cannot  act,  then  the  State  Auditor,  and  if  he  is  un- 
qualified for  the  position,  the  State  Treasurer  takes  the  place 
until  the  disability  of  the  Governor  is  removed  or  a  Gov- 
ernor shall  be  elected.  (R.  S.  1899,  Sec.  50.)  If  an  election 
has  to  be  held,  the  vacancy  is  filled  for  the  unexpired 
term  of  the  Governor  and  not  for  the  full  term  of  four  years. 
Should  a  Governor  die  or  resign  after  being  in  office  but 
a  few  months,  the  Secretary  of  State  would  act  as  the  Gov- 
ernor until  the  next  legislative  election,  which  would  be  in 
less  than  two  years,  and  a  Governor  would  then  be  elected 
by  the  people  to  serve  only  two  years  and  thus  complete  the 
four  years'  term  of  office.  As  necessity  may  demand,  the 
Governor  has  the  power  to  call  extra  sessions  of  the  Legis- 
lature. A  legislative  assembly  might  adjourn  believing  it 
had  completed  all  its  duties,  when  it  would  discover  that 
some  important  measure  necessary  for  the  successful  man- 
agement of  the  State  affairs  had  been  overlooked,  then  the 
Governor  has  the  power  to  call  the  members  together  and 
additional  laws  can  be  enacted.  There  might  be  an  ex- 
traordinary occasion  requiring  additional  legislation,  when 
the  Governor  can  convene  the  Legislature.  Calamities  some- 
times happen  to  a  State,  such  as  fires,  floods,  or  epidemics, 
and  immediate  aid  is  needed,  so  as  to  relieve  the  distressed, 
and  then  an  extra  session  of  the  Legislature  is  called  by  the 
Governor,  and  appropriations  are  made  to  meet  these  needs. 
The  Governor  is  Commander-in-Chief  of  all  the  forces  of 
the  State,  and  can  call  out  the  militia  to  suppress  riots, 
preserve  the  peace  or  execute  the  laws  of  the  State.  (Art. 
IV,  Sec.  4;  Art.  XVII,  Sec.  5.)  While  the  Governor  can- 


THE    CONSTITUTION    OF    WYOMING.  79 

not  dictate  to  the  Legislature  what  laws  it  shall  enact,  he 
is  directed  to  recommend  to  that  body  in  a  message  which 
is  read  in  person,  measures  that  he  believes  to  be  of  vital 
importance  for  the  welfare  of  the  State,  and  the  Legis- 
lature is  to  a  large  degree  governed  by  these  recommen- 
dations. All  measures  acted  upon  by  the  Legislature  are  left 
to  the  Governor  for  him  to  see  that  they  are  faithfully  exe- 
cuted. (Art.  IV,  Sec.  4.)  Every  bill,  order  or  resolution, 
excepting  those  affecting  the  business  proceedings  of  the 
Legislature  passed  by  both  houses,  must  receive  the  Gov- 
ernor's signature  before  it  can  take  effect.  If  the  Governor 
does  not  approve  of  the  bill,  he  states  his  objections  in  writ- 
ing and  returns  the  bill  without  his  signature.  This  is  called 
the  veto  power.  The  bill  is  then  returned  to  the  house  in 
which  it  originated.  If  two-thirds  of  the  members  agree  to 
pass  the  bill  "  over  the  veto,"  it  is  sent  to  the  other  house, 
and  if  two-thirds  of  the  members  of  that  house  concur,  the 
bill  becomes  a  law  without  the  Governor's  approval. 

A  bill  may  also  become  a  law  without  the  Governor's  sig- 
nature if  he  does  not  return  it  to  the  Legislature  within  three 
days  after  it  is  given  to  him  for  his  consideration,  Sundays 
excepted. 

If  the  Legislature  should  adjourn  within  three  days  after  a 
bill  is  sent  to  the  Governor,  and  thus  not  give  him  the 
lawful  time  to  consider  it,  the  bill  would  become  a  law, 
unless  within  fifteen  days  after  the  adjournment  he  should 
file  his  objections  with  the  Secretary  of  State.  This  act 
would  kill  the  bill.  (Art.  Ill,  Sec.  41;  Art.  IV,  Sec.  8.) 
The  executive  veto  can  be  used  in  an  appropriation  bill  when 
he  can  reject  such  items  of  the  bills  as  he  may  not  approve. 
This  does  not  affect  the  entire  bill,  but  only  the  part  disap- 
proved. (Art.  IV,  Sec.  9.)  The  Governor  has  the  right  to 
make  appointments  and  fill  vacancies  in  all  offices  where 
there  is  no  law  providing  for  the  selection.  Great  influence 
and  authority  are  vested  in  the  Governor,  and  through  his 


80  THE     GOVERNMENT    OF    WYOMING. 

power  to  appoint  many  of  the  State  officers  who  are  not 
elected  by  the  people.  This  appointive  power  is  a  wise 
provision  in  the  administration  of  affairs  of  the  State.  The 
Governor  is  commanded  to  see  that  the  laws  are  faithfully 
executed.  If  all  the  offices  of  trust  in  the  State  were  occu- 
pied by  those  who  were  not  in  sympathy  with  the  Governor's 
ideas  as  to  what  constituted  the  best  government  for  the 
State,  and  if  he  were  powerless  to  make  the  removals, 
there  would  be  danger  of  constant  friction  of  authority 
and  a  working  at  "  cross-purposes."  If  the  Executive  is  to 
be  made  responsible  for  good  government,  he  must  have  the 
power  to  put  into  authority  those  who  would  enable  him 
to  "  faithfully  execute  "  the  law.  The  most  prominent  State 
offices  are  filled  by  persons  elected  by  the  people,  and  the 
duties  of  the  officers  are  denned  by  the  Constitution  and 
the  legislative  enactments.  There  are,  however,  many 
officers  who  obtain  their  positions  through  appointive  power. 
These  positions  are  filled  during  the  session  of  the  Legisla- 
ture. All  of  the  appointments  made  by  the  Governor  must 
be  confirmed  by  the  Senate,,  with  the  exception  of  the  vacan- 
cies occurring  when  the  Legislature  is  not  in  session.  The 
Senate  must  agree  to  the  Governor's  choice.  If  it  does  not 
agree,  the  appointment  is  not  valid  and  a  new  selection  is 
made  to  receive  the  legislative  approval.  This  is  one  of  the 
checks  on  the  executive  authority,  and  places  some  of  the 
responsibility  of  good  government  upon  the  people  them- 
selves who  have  sent  their  constituents  to  the  Senate  to 
represent  them  in  the  making  of  the  rules  and  regulations 
of  our  government.  The  Governor  appoints  the  State 
Examiner,  Engineer,  Librarian,  Geologist,  Attorney  General, 
Inspectors  of  Coal  Mines,  Veterinarian,  Superintendent  of 
Fish  Hatcheries,  Game  Wardens  and  all  members  of  the 
State  Board  of  Health  and  Water  Control,  Commissioners 
for  Stock  and  Pharmacy,  Medical  and  Law  Examiners, 
Trustees  for  the  institutions  for  higher  education  and  the 


THE    CONSTITUTION    OF    WYOMING.  81 

Historical  Society.  Should  a  vacancy  occur  in  any  of  these 
offices  after  the  Legislature  adjourns,  the  Governor  has  the 
power  to  fill  the  vacancy  until  the  meeting  of  the  next 
Legislature.  The  Governor  is  President  of  the  State  Board 
of  Charities  and  Reforms.  This  board  has  general  super- 
vision and  control  of  all  charitable,  reformatory  and  penal 
institutions  of  the  State,  including  the  insane  asylum,  peni- 
tentiary, deaf,  dumb  and  blind  asylum,  general  hospital, 
Soldiers'  Home  and  all  of  the  county  jails  of  the  State. 
(R.  S.  1899,  Sec.  633.) 

Except  for  treason  and  impeachment,  the  Governor  can 
grant  pardons  to  those  who  have  been  convicted  by  the 
courts,  or  he  can  substitute  a  less  punishment  than  had 
been  pronounced  for  a  crime.  If  a  criminal  has  been  sen- 
tenced to  be  hanged,  the  Governor  has  the  power  to  change 
the  punishment  to  imprisonment  for  life,  or  absolutely  par- 
don the  offender;  he  can  also  grant  reprieves,  which  tem- 
porarily suspend  the  execution  of  a  sentence.  He  can  remit 
or  release  fines  and  restore  property  which  the  courts  have 
taken  from  the  accused,  call  forfeitures.  For  conviction 
for  treason  the  Governor  can  suspend  the  execution  of  the 
sentence  and  submit  the  case  to  the  next  Legislature.  At 
each  session  of  the  Legislature  he  must  make  a  statement  of 
all  the  remissions  of  fines,  reprieves,  commutations  or  par- 
dons granted  by  him  and  his  reasons  for  doing  the  same. 
(Art.  IV,  Sec.  5.)  Restoration  of  citizenship  to  one  who 
has  served  a  term  in  the  penitentiary  for  crime  can  be  given 
by  the  Governor.  (R.  S.  1899,  Sec.  5462.) 

QUESTIONS. 

1.  Why  is  the  Governor  of  the  State  called  the  executive? 
Who  is  called  the  Chief  Executive  of  the  United  States? 

2.  Does  the  Governor  have  more  power  than  the  legislature? 
Why? 

3.  Who  is  the  present   Governor?     What  are  his  powers? 
What  are  his  legislative  powers? 


82  THE     GOVERNMENT     OF    WYOMING. 

4.  What  officials  can  become  acting  Governor? 

5.  What  is  a  veto  power?    How  is  it  overcome?   Why  should 
a  Governor  have  this  power? 

6.  What   State  officer  has  the  Governor  appointed  in  your 
county? 

7.  Are  there  more  State  officers  elected  by  the  people  than 
appointed  by  the  Governor? 

8.  What  is  a  pardon  and  who  has  power  to  grant  it? 

9.  Explain  the  term  "  restoration  of  citizenship." 

10.  Who  were  the  candidates  at  the  last  gubernatorial  elec- 
tion? When  was  it  held?  When  does  the  next  election  take 
place? 

REFERENCES. 

Schouler,  Constitutional  Studies,  pp.  267,  282. 

Roosevelt,  American  Ideals,  No.  VIII. 

Hart,  Actual  Government,  Ch.  VIII. 

Fiske,  Civil  Government  in  the  United  States,  Ch.  VI. 

Bluntschli,  Theory  of  the  State,  Part  III,  Ch.  VII. 

Hinsdale,  American  Government,  Ch.  LII. 

Wilson,  The   State,   Sees.  1126-1208. 

Ashley,  The  American  Federal  State,  Ch.  XVIII. 

Bryce,  The  American  Commonwealth,  I,  Ch.  XLI,  p.  473. 


CHAPTER   XL 
THE  JUDICIAL  DEPARTMENT. 

CEDANT  ARM  A    TOGAE* 

The  Governor's  first  duty  is  to  see  that  the  laws  of  the 
State  as  contained  in  the  Constitution  and  as  made  by  the 
Legislature  are  executed  and  enforced.  That  these  laws  may 
be  uniformly  administered  and  authoritatively  construed, 
the  third  department  of  the  State,  the  Judiciary,  is  formed. 

The  judicial  branch  of  the  government  interprets  the 
meaning  of  the  laws,  and  applies  it  to  cases  in  controversy. 
The  laws  are  made  by  the  Legislature  and  applied  by  the 
judiciary. 

The  Judicial  Department  of  the  State  consists  of  the 
Senate,  which  acts  as  the  Court  of  Impeachment  (Art.  Ill, 
Sec.  17),  a  Supreme  Court,  district  courts,  Justices  of  the 
Peace,  courts  of  arbitration  and  municipal  courts.  (Art.  V, 
Sec.  i.) 

The  Supreme  Court  consists  of  three  Justices  with  a 
term  of  office  of  eight  years,  each  receiving  a  salary  of  three 
thousand  dollars  per  annum.  Judges  of  the  Supreme  Court 
during  territorial  government  were  appointed  by  the  Presi- 
dent of  the  United  States.  At  the  first  State  election  the 
three  judges  all  served  for  a  different  length  of  time,  one 
for  four,  another  for  six  and  the  third  for  eight  years. 
This  arrangement  was  made  in  order  to  avoid  having  the 
term  of  office  of  the  entire  court  expire  at  the  same  time. 
It  is  necessary  that  this  court  be  continuous  and  that  a 
majority,  or  two,  of  the  Judges  serve  for  at  least  two 
years  before  a  new  member  is  elected.  In  this  way  there  is 
always  some  judges  on  the  bench  who  are  familiar  with  the 
regulations  of  their  court.  The  Judge  having  the  shortest 


*This  was  Wyoming's  territorial  motto  and  appeared  on  the  territorial  seal. 
"Let  arms  yield  to  the  gown,"  or,  "Let  military  authority  give  way  to  the  civil 
power."  The  great  seal  of  the  State  bears  the  wording  "Equal  Rights,"  and  the  seal 
of  the  University  has  for  its  motto  "Equality." 


84  THE     GOVERNMENT    OF    WYOMING. 

term  to  serve  is  the  Chief  Justice  and  presides  at  all  terms 
of  court.  If  a  vacancy  occurs  in  the  office  of  the  Supreme 
Court,  the  Governor  has  the  power  to  appoint  a  Justice  to 
hold  the  office  until  the  next  election  and  until  his  successor 
qualifies  for  office.  (Art.  V,  Sec.  4.)  Unless  one  be  learned 
in  law  he  is  not  eligible  to  the  position  of  Justice  of  the 
Supreme  Court.  This  provision  is  absolutely  necessary  in 
order  to  obtain  "Justice  and  Equity"  under  the  law. 
Knowledge  of  the  construction  and  requirements  of  the 
laws  must  be  had  in  order  to  enable  the  Justice  to  declare 
what  was  the  original  intent  of  the  laws  when  enacted  or 
as  contained  in  Constitutional  provisions.  The  Justice  must 
have  practiced  law  for  at  least  nine  years  and  have  resided 
in  Wyoming  for  three  years,  be  thirty  years  or  more  of  age 
and  a  citizen  of  the  United  States.  (Art.  V,  Sec.  8.) 

No  Judge  can  practice  as  an  attorney  in  any  of  the  courts 
of  the  State  or  serve  as  a  counsellor  at  law  (Sec.  25,  R.  S. 
1899,  Sec.  3293)  ;  nor  can  he  hold  any  other  office,  elective 
or  appointive  during  his  term  of  office.  (Sec.  27.)  This 
court  must  meet  at  least  twice  a  year,  on  the  first  Mondays 
of  May  and  October.  (Sec.  7,  R.  S.  1899,  Sec.  3280.) 
A  majority  of  the  court  is  necessary  to  constitute  a  quorum 
and  transact  business.  (Sec.  5,  R.  S.,  Sec.  3284.)  The 
Judges  can  exercise  only  judicial  duties.  (Sec.  16.)  The 
clerk  of  the  Supreme  Court,  who  is  also  court  stenographer, 
is  appointed  by  the  Justices.  (Sec.  9,  R.  S.,  Sec.  3393.) 
This  court  appoints  the  State  Board  of  Law  Examiners, 
whose  duty  it  is  to  examine  and  recommend  applicants  for 
admission  to  the  Bar.  (R.  S.,  Sec.  3305.)  The  Supreme 
Court  has  power  to  decide  if  a  law  is  constitutional.  That 
is,  it  has  the  power  to  judge  if  an  enactment  violates  any  of 
the  provisions  of  the  Constitution.  A  law  cannot  be  uncon- 
stitutional. The  fact  that  the  enactment  is  unconstitutional 
makes  it  impossible  to  be  a  law.  The  supreme  law  of  the 
land  is  the  Constitution  of  the  United  States,  and  Wyoming 


THE    CONSTITUTION    OF    WYOMING.  85 

is  an  inseparable  part  of  this  Federal  Union.  (Dec.  R.,  Sec. 
37.)  The  Supreme  Court  bases  many  of  its  decisions  as  to 
constitutionality  upon  the  Declaration  of  Rights  as  found  in 
our  State  Constitution.  It  is  the  foundation  or  fundamental 
principle  of  our  State  law.  All  general  laws  have  a  uniform 
operation.  The  Supreme  Court  has  general  superintending 
control  over  the  inferior  courts  and  appellate  jurisdiction 
in  both  civil  and  criminal  causes.  Appellate  jurisdiction  is 
the  power  to  review  decisions  of  a  lower  court.  The  decis- 
ions may  be  sustained  or  reversed.  Jurisdiction  is  the  power 
to  determine  the  cause  in  controversy.  Hence  the  Supreme 
Court  can  hear  cases  in  civil  action,  where  the  rights  of 
individuals  as  private  persons  are  involved,  and  in  criminal 
action,  where  the  State  is  concerned,  provided  that  they 
are  brought  to  this  court  from  another  court.  This  is  by 
an  appeal.  (Art.  V,  Sec.  5.)  The  Supreme  Court  has  original 
jurisdiction  (the  power  to  decide  a  case  when  brought  to  it 
directly  and  not- on  appeal  from  another  court),  in  quo  war- 
rant o  and  mandamus  as  to  all  State  officers.  The  first  is  an 
action  brought  against  an  official,  asking  "  by  what  author- 
ity "  he  holds  his  office,  and  the  mandamus  is  an  action  to 
compel  the  officer  to  discharge  the  duties  which  have  been 
intrusted  to  him.  This  court  also  has  the  original  jurisdic- 
tion in  habeas  corpus,  where  a  person  detained  by  law  is 
brought  before  the  court  to  decide  if  he  has  legally  been 
deprived  of  his  liberty.  This  court  has  also  authority  to  issue 
all  writs,  writings  or  mandates  commanding  things  to  be 
done,  necessary  to  execute  its  judicial  duties.  (Sec.  3.) 

District  Judges.  —  The  Constitution  made  provision  for 
three  district  courts  (Sec.  20),  and  the  Legislature  of  1897 
created  the  fourth  district.  (R.  S.  1899,  Sec.  3295.)  These 
are  known  as  judicial  districts  one,  two,  three  and  four.  The 
first  district  is  composed  of  Laramie  and  Converse  counties; 
the  second  of  Albany,  Natrona  and  Fremont ;  the  third  of 
Carbon,  Sweetwater  and  Uinta,  and  the  fourth,  the  last  one, 


86  THE     GOVERNMENT     OF    WYOMING. 

is  formed  from  Johnson,  Sheridan,  Crook,  Weston  and  Big 
Horn.  The  Judges  presiding  over  these  courts  are  known 
as  District  Judges,  and  are  elected  by  the  people  of  each 
judicial  district  for  a  term  of  six  years,  with  a  salary  of 
three  thousand  dollars  per  annum.  (Sec.  19,  R.  S.,  Sec. 
3411.)  The  Constitution  left  the  matter  of  compensation  for 
the  Judges  of  the  Supreme  and  district  courts  to  be  regu- 
lated by  the  Legislature.  A  constitutional  amendment  will 
be  voted  upon  at  the  general  election  of  1904,  whether  to 
increase  these  salaries  of  the  Supreme  Judges  to  five  thou- 
sand and  of  the  district  judges  to  four  thousand  dollars  a 
year. 

Each  judge  holds  court  in  all  of  the  counties  embraced 
in  his  district  at  least  twice  a  year.  (R.  S.,  Sec.  3296;  S.  L. 
1901,  Chs.  6,  99;  S.  L.  1903,  Ch.  55.) 

The  requirement  for  eligibility  of  Judges  in  this  court 
are:  that  the  applicant  must  be  learned  in  law,  a  citizen 
of  the  United  States,  a  resident  of  the  State  for  two  years 
and  at  least  twenty-eight  years  of  age.  A  Judge  of  the 
Supreme  Court  must  be  older,  have  practiced  law  longer, 
and  lived  in  the  State  for  a  greater  period  than  the  district 
Judge.  The  Supreme  Court  is  the  last  court  to  decide  on  a 
legal  question  and  the  greatest  accuracy  in  the  knowledge  of 
law  is  required ;  longer  years  of  experience  are  a  safeguard, 
and  a  greater  familiarity  with  our  State  laws  is  acquired  by 
a  longer  residence  within  our  borders.  Appeals  are  taken 
directly  from  the  district  court  to  the  Supreme  Court,  where 
the  decisions  which  the  lower  court  has  given  are  either 
sustained  or  reversed  by  this  higher  court.  A  district  judge 
may  serve  as  a  Supreme  Judge  when  one  of  the  Judges 
of  the  Supreme  Court  is  interested  in  a  case  brought  before 
this  court.  In  this  case  the  two  remaining  Judges  select 
one  of  the  district  judges  to  act  in  the  place  of  the  absent 
Judge.  (Sec.  6.)  The  district  courts  naturalize,  or  make 
citizens,  of  aliens.  An  alien  is  a  foreigner,  or  one  born  out 


THE    CONSTITUTION    OF    WYOMING.  87 

of  the  jurisdiction  of  the  United  States.  A  naturalized  citi- 
zen is  one  who,  although  born  in  another  country,  is  adopted 
by  the  United  States.  A  citizen  is  one  who  owes  perpetual 
allegiance  to  the  State  in  which  he  resides.  These  district 
courts  issue  papers  to  the  newly  made  citizens,  and  for  the 
sworn  allegiance  give  them  the  rights  and  protections  of  the 
native-born  citizen. 

One  of  foreign  birth  before  he  can  become  naturalized 
must  have  resided  in  the  United  States  at  least  five  years 
and  have  declared  in  a  district  court  his  intention  to  become 
a  citizen  at  least  two  years  before  he  takes  out  his  final  pa- 
pers. (R.  S.  U.  S.  1878,  Ti.  XXX.) 

Cases  brought  from  inferior  courts,  such  as  that  of  the 
Justices  of  the  Peace,  can  be  appealed  to  the  district  court. 
The  district  court  has  original  jurisdiction ;  that  is  a  case 
can  have  its  first  hearing  before  it,  in  all  cases  not  given  by 
law  to  other  courts,  and  all  cases  in  matters  of  law  and  equity, 
criminal  cases  and  matters  of  probate  and  insolvency.  (Art. 
V,  Sec.  10.) 

Cases  of  law  and  equity  are  those  of  a  personal  nature 
affecting  one's  rights,  and  criminal  cases  are  those  concern- 
ing the  State,  where  an  injury  is  done  to  the  public  by  an  act 
forbidden  by  the  State.  Cases  of  probate  relate  to  estates 
left  by  those  deceased,  and  cases  in  insolvency  are  those  in 
which  parties  are  not  able  to  meet  their  debts  and  are  bank- 
rupt. This  court  has  also  the  power  to  issue  writs  as  in 
cases  granted  to  the  Supreme  Court.  (Sec.  10.)  Each 
Judge  has  a  clerk  in  all  of  the  counties  in  which  he  holds 
court  (Sec.  13)  and  he  also  has  a  court  stenographer.  The 
clerk  is  elected  by  the  people,  but  the  stenographer  is 
appointed  by  the  Judge. 

The  salary  of  the  stenographer  is  one  thousand  dollars 
per  year,  and  he  serves  the  Judge  in  all  the  counties  of  that 
district.  (S.  L.  1903,  Ch.  29.)  If  for  any  reason  a  Judge 
cannot  hold  court,  he  may  request  one  of  the  other  Judges 


88  THE    GOVERNMENT    OF    WYOMING. 

to  perform  his  duties.  (Sec.  n.)  (See  Attorney  General 
and  County  and  Prosecuting  Attorney  in  Part  III,  Ch.  XXI, 
offices  created  by  the  Legislature.) 

Court  Commissioners.  —  Judges  of  the  district  court 
may  appoint  commissioners  having  authority  to  make  in 
their  absence  any  order  which  a  district  Judge  may  do  when 
not  sitting  in  open  court.  They  can  administer  oaths  or  take 
depositions  and  evidence. 

Justices  of  the  Peace.  —  The  board  of  county  com- 
missioners for  each  county  establishes  precincts  in  which 
Justices  of  the  Peace  preside  when  the  punishment  prescribed 
by  law  does  not  exceed  a  fine  of  $100  and  imprisonment 
for  six  months  in  the  county  jail,  subject  to  an  appeal  to  the 
district  court.  Where  the  punishment  exceeds  such  limita- 
tions, the  Justice  of  the  Peace  sits  as  an  examining  magis- 
trate and  binds  the  accused  to  appear  in  the  district  court  for 
trial,  if  there  is  probable  cause  to  believe  him  guilty,  and  if 
not,  he  discharges  him  from  custody.  These  Justices  are 
elected  by  the  people  within  their  respective  precincts.  (Sec. 
22,  R.  S.,  Sec.  4316.)  Their  term  of  office  is  for  two  years. 
They  have  authority  and  jurisdiction  in  civil  actions  where 
the  amount  in  controversy  does  not  exceed  two  hundred 
dollars.  In  these  cases  they  have  concurrent  jurisdiction 
with  the  district  court.  They  may  administer  oaths;  take 
acknowledgments  of  writings;  perform  marriage  cere- 
monies ;  issue  subpoenas  for  witnesses ;  compel  witnesses 
to  appear  in  their  courts;  issue  attachments  and  execu- 
tions on  judgments  and  hear  and  determine  cases  of  mis- 
demeanor. (Art.  V,  Sec.  22,  R.  S.,  Sees.  4323,  4320.) 
In  no  case  can  a  Justice  of  the  Peace  have  authority  over 
action  involving  titles  to  real  estate  or  boundaries  of  same. 
(Sec.  22,  R.  S.,  4324.)  Appeals  to  this  court  may  be  taken 
to  the  district  court  of  the  county  in  which  the  precincts  are 
located.  (Art.  V,  Sec.  23,  R.  S.,  4397-)  N°  appeal  is 
allowed  where  the  matter  in  controversy  is  less  than  five 
dollars.  (R.  S.,  4406.) 


THE    CONSTITUTION    OF    WYOMING.  89 

Boards  of  Arbitration.  —  That  there  might  be  a  pro- 
tection through  law  to  the  rights  of  labor  and  that  the 
laborer  may  receive  proper  reward  for  his  service  provision 
was  made  for  legislative  enactment  on  this  subject.  (Dec. 
R.,  Sec.  22.)  The  Legislature  was  empowered  to  provide 
for  a  board  of  arbitration,  to  which  the  laborer  might  vol- 
untarily submit  his  claims.  (Art.  XIX,  Board  of  Arbitra- 
tion, Sec.  I.)  The  Legislature  of  1901  authorized  the  Gov- 
ernor to  appoint  an  arbitration  commission.  This  commis- 
sion of  three  members  was  appointed  and  directed  to  draft 
a  bill  for  the  constitution  of  a  board  of  arbitration  and  report 
to  the  Legislature  in  1903.  This  commission,  composed  of 
two  representatives  of  labor  and  one  of  capital  failed  to  make 
any  report  other  than  one  to  the  Governor,  which  was  to 
the  effect  that  the  labor  representation  and  labor  organiza- 
tions did  not  care  for  the  enactment  of  such  a  law. 

The  law  as  administered  by  these  several  courts  has  its 
foundation  in  the  Declaration  of  Rights.  No  enactment  of 
the  Legislature  or  decision  of  the  courts  can  deprive  one  of 
any  of  these  protections  and  privileges  granted  in  the  dec- 
laration. Read  carefully  this  portion  of  the  Constitution. 
The  freedom  we  enjoy  to-day  is  embodied  in  Article  I,  and 
the  privileges  as  set  forth  therein  were  granted  through  the 
results  of  the  Revolutionary  War.  Life,  liberty  and  prop- 
erty are  made  safe  by  it  and  cannot  be  taken  from  us  with- 
out due  process  of  law.  Equality  is  established,  the  right 
of  habeas  corpus  is  given  and  the  right  is  granted  to  de- 
fend ourselves  by  counsel  in  open  court  when  accused.  No 
person  can  be  tried  and  sentenced  twice  for  the  same  crime. 
Security  is  obtained  from  unreasonable  search  of  one's 
person  or  house  and  effects.  The  penal  code,  or  the  law 
governing  punishment  of  crime,  is  based  on  principles  of 
reformation  and  prevention  rather  than  on  inhumane  treat- 
ment. The  people  are  allowed  the  right  to  petition  the  au- 
thorities for  measures  needed  for  their  common  good  and 


90  THE     GOVERNMENT     OF    WYOMING. 

free  speech  is  not  denied.  The  legislative,  executive,  the 
judicial  departments  are  organized  and  empowered  in  order 
that  the  provisions  of  the  Constitution  may  be  put  in  force. 
Special  and  distinct  duties  are  assigned  to  each  of  these 
three  departments.  At  times,  however,  these  powers  are  in- 
terchangeable. The  Legislature  exercises  judicial  functions 
when  it  approves  or  disapproves  of  the  appointments  made 
by  the  Governor;  the  Senate  also  exercises  judicial  func- 
tions when  it  sits  as  a  court  to  try  cases  of  impeachment. 
The  Governor  exercises  legislative  power  when  he  vetoes  a 
bill. 

QUESTIONS. 

1.  What  is  the   chief  duty  of  the  Justices   of  the   Supreme 
Court  of  the  State? 

2.  Compare    the    District    Court    with    the    Supreme    Court. 
Wrhat  Judicial  District  do  you  live  in?     Who  are  the  Supreme 
and  the   District  Judges   from  your  county?     Which   officer   of 
these  two  courts  serves  the  longer  term? 

3.  Has  an  attempt  ever  been  made  to  make  a  constitutional 
amendment  in  reference  to  the  Judges  of  the  Supreme  Court? 
Give  reason  for  your  answer. 

4.  What  arc  the  advantages  of  electing  a  judge  for  a  long 
term  rather  than   having  one  appointed  for  a  short  term? 

5.  What  is  the  meaning  of  the  term  Jurisdiction? 

6.  What  is  naturalization  and  how  is  it  accomplished? 

7.  What  are  the  duties  of  a  Justice  of  the  Peace? 

8.  Who  is  the  Justice  of  the  Peace  in  your  locality? 

9.  What  are  his  duties? 

10.     Define  arbitration.    Why  is  it  of  benefit? 

REFERENCES. 

Hinsdale,  The  American  Government,  Ch.  LIII. 

Bryce,   The    American    Commonwealth,    I,    Ch.    XLII,   p.   480. 

Hart,  Actual  Government,  Ch.  IX,  p.  151. 

Cooley,  Constitutional  History,  Ch.  V. 

Tocqueville,  Democracy  in  America,  I,  Chs.  VI,  VII. 

Schouler,  Constitutional  Studies,  Ch.  VII,  p.  283. 

Wilson,  The  State,  Sees.  1147-1173. 


CHAPTER  XII. 
RELIGION,  EDUCATION  AND  FRANCHISE. 

The  State  cannot  appropriate  any  money  for  a  religious 
or  sectarian  society  or  institution.  (Dec.  R.,  Sec.  19.)  The 
Legislature  is  prohibited  from  making  an  appropriation  for 
denominational  or  sectarian  institutions,  (Art.  III.,  Sec.  36.) 
No  portion  of  the  public  school  fund  shall  ever  be  diverted 
to  support  an  institution  of  learning  controlled  by  any  re- 
ligious organization.  (Art.  VII.,  Sec.  8.)  Religious  liberty 
is  secured  by  our  State  Constitution  and  "no  one  shall  ever 
be  troubled  or  injured  in  person  or  property  on  account  of 
religious  worship,"  (Ord.,  Sec.  2.)  No  religious  test  can 
be  made  in  reference  to  the  schools  controlled  by  the  State, 
nor  shall  attendance  be  required  at  any  religious  services, 
(Art.  VII.,  Sec.  12.)  The  free  exercise  of  religious  worship 
shall  forever  be  granted  and  no  one  can  be  prevented  from 
rilling  an  office  of  trust  on  account  of  his  religious  belief, 
(Dec.  R.,  Sec.  18.)  No  instruction  in  religion  of  a  denom- 
inational character  is  allowed  in  the  State  University  or  a 
sectarian  test  made  in  the  selection  of  trustees  or  instructors 
or  admission  of  students,  (R.  S.,  Sec.  491.)  That  there 
might  be  no  misunderstanding  as  to  the  attitude  of  the 
members  of  the  Constitutional  Convention  towards  religious 
services  in  the  State  the  expert  testimony  of  the  President  of 
this  Convention  was  asked  for  on  this  subject,  and  his  inter- 
pretation was  as  follows :  "The  aim  and  object  (of  the 
Convention)  was  to  establish  religious  freedom  and  equality 
and  so  prohibit  legislation  that  would  give  controlling  power 
to  any  sect.  Means  for  the  support  of  the  public  school 
system  is  contributed  in  like  proportion  by  all  people  of  the 
State,  no  matter  what  their  religious  belief  or  peculiarities. 
Entirely  just,  then,  this  section  of  our  Constitution  that 
prohibits  the  use  of  public  funds,  generally  contributed  alike 
by  all,  from  being  used  to  aid  any  particular  sect  or  denomi- 


92  THE     GOVERNMENT    OF    WYOMING. 

nation ;  but  it  will  be  observed  that  this  section  contains  one 
other  peculiar  provision  which  reads  as  follows :  "Nor  shall 
attendance  be  required  at  any  religious  service  therein." 
Thus  it  is  manifested  that  our  Constitution-makers  intended 
that  there  should  be  some  religious  service  in  the  schools  of 
the  State  but  that  no  pupil  should  be  required  or  compelled 
to  attend  or  take  part  in  these  religious  exercises.  The 
parents  can  require  their  attendance  at  these  religious  ser- 
vices, or  they  can  direct  their  children  not  to  attend  these 
services. 

It  is  believed  that  the  great  mass  of  the  people  of  our 
State  desire  some  religious  training  in  the  schools  of  our 
State.  The  Constitution  makers,  therefore,  believed  it  wise 
in  the  interest  of  good  morals  and  the  good  order  of  society, 
to  promote  religious  exercises  in  our  schools  that  would  be 
acceptable  to  the  great  mass  of  our  people,  but  leaving  it 
optional  with  the  parents  to  restrict  their  children  in  attend- 
ance if  they  chose.  This  is  believed  to  be  the  fair  meaning 
and  construction  to  the  latter  section,"  (Dec.  R.,  Sec.  18.) 

Education — The  general  supervision  of  the  public  schools 
is  entrusted  to  the  Superintendent  of  Public  Instruction, 
(Art.  VII. ,  Sec.  14.)  Opportunities  for  education  are  con- 
sidered one  of  the  rights  of  citizens  and  the  Legislature  is 
empowered  to  make  provision  to  advance  all  educational  in- 
terests, (Dec.  R.,  Sec.  23.)  No  distinction  is  made  in  the 
schools  as  to  race,  color  or  sex,  (Art.  VII,  Sec.  10.)  Neither 
the  Superintendent  nor  the  Legislature  can  prescribe  the 
text-books  to  be  used  in  the  schools,  (Sec.  n.)  Wyoming 
has  a  system  of  free  text-books  in  all  the  schools,  (S.  L. 
1901,  Ch.  38).  Free  education  is  given  by  the  State  to  all 
children  between  the  ages  of  six  and  twenty-one  years.  The 
Constitution  provided  that  children  must  attend  at  least 
three  years  while  they  are  between  the  ages  of  six  and 
eighteen,  (Art.  VII.,  Sec.  9).  The  Legislative  enactment 


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THE    CONSTITUTION    OF    WYOMING.  95 

made  education  compulsory  for  all  children  between  the  ages 
of  seven  and  sixteen  for  three  months  each  year,  (R.  S., 
Sec  555). 

The  University  of  the  State  of  Wyoming  is  co-educational, 
and  is  open  to  all  students  of  any  race  or  color.  The  instruc- 
tion is  free.  The  support  for  the  institution  comes  from  a 
tax  of  one-fourth  of  a  mill  given  by  the  State  and  grants  of 
land  from  which  money  is  received  for  rents  and  appropria- 
tions of  money  from  the  Government,  (Sec.  16,  R.  S.,  Sec. 
1833.)  The  university  is  the  only  institution  at  present  in 
the  State  offering  higher  education.*  The  Constitution  au- 
thorized the  Legislature  to  provide  for  the  teaching  of  min- 
ing and  metallurgy  and  the  university  has  been  designated  as 
the  place  where  these  subjects  are  to  be  taught,  (Sec.  17, 
R.  S.  487.) 

In  addition  to  the  School  of  Mines,  the  university  has  a 
College  of  Liberal  Arts,  an  Agricultural,  Mechanical,  Nor- 
mal and  Commercial  College.  The  management  of  the  uni- 
versity is  vested  in  a  board  of  trustees  consisting  of  nine 
members,  who  hold  their  office  for  a  term  of  six  years  with- 
out salary.  The  appointments  are  made  by  the  Governor  at 
the  session  of  the  Legislature.  The  President  of  the  Univer- 
sity and  the  Superintendent  of  Public  Instruction  are  ex- 
officio  members  of  the  board.  (Sec.  17,  R.  S.,  Sec.  488.) 

Elections — Wyoming  has  a  particularly  superior  set  of 
laws  in  regard  to  her  elections.  The  secret  ballot  is  used 
and  called  the  Australian  Ballot  System,  f  Only  the  general 
Constitutional  requirements  are  stated  in  this  chapter.  The 
detailed  methods  and  regulations  are  to  be  found  in  the 
division  of  administration  of  affairs.  The  right  of  suffrage 


*As  the  University  is  the  only  institution  for  higher  education  in  Wyoming,  the 
President  and  the  faculty  constitute  the  examining  board  for  the  Cecil  Rhodes'  scholar- 
ship. This  gives  two  students  of  the  University  who  are  able  to  pass  a  competitive 
examination  a  three  years'  course  at  Oxford  College,  England, with  $1,500  annually  for 
each  student. 

-{•Introduced  in  the  Legislature  of  1889  by  Hon.  Frederic  S.  Hebard  and  in  force 
from  that  date. 


96  THE     GOVERNMENT    OF    WYOMING. 

was  granted  women  in  Wyoming  at  the  first  Territorial 
Legislature  in  1869.  During  the  second  session  of  the  Legis- 
lature an  unsuccessful  attempt  was  made  to  repeal  the  law. 
Since  that  time  no  effort  has  been  made  to  deprive  the  women 
of  this  privilege  of  franchise.  The  subject  was  discussed  at 
the  time  of  the  Constitutional  Convention  in  1889,  after  it 
had  received  a  test  of  twenty  years  of  actual  operation,  but 
no  opposition  was  made  against  continuing  the  right  granted. 
Even  Congress,  when  our  Constitution  with  this  equality 
clause  was  presented  for  approval,  made  no  serious  argu- 
ment against  retaining  this  provision  for  "woman  suffrage." 
Wyoming  is  the  first  political  organization  of  all  time  to 
grant  women  the  right  to  vote  upon  all  questions  where  suf- 
frage is  exercised.  Colorado,  Idaho  and  Utah  now  have 
equal  suffrage.  Equal  political  rights  are  granted  by  the 
Declaration  of  Rights  (Sec.  3),  where  the  privilege  and 
rights  of  suffrage  are  not  denied  on  account  of  sex,  race  or 
color.  The  right  to  hold  office  is  not  denied  on  account  of 
sex.  All  citizens,  men  and  women,  equally  enjoy  all  civil, 
political  and  religious  rights,  (Art.  VI.,  Sec.  i.)  That  there 
may  be  no  question  on  the  subject  and  in  order  to  emphasize 
the  fact  that  the  Constitutional  law  is  operative,  the  revised 
statutes  (1899,  Sec.  378),  state  "the  rights  of  women  to  the 
elective  franchise  and  to  hold  office  shall  be  the  same  as 
those  of  men."  Every  citizen  of  the  United  States  of  the 
age  of  twenty-one  years  and  over,  who  has  been  a  resident 
of  the  State  of  Wyoming  for  one  year,  and  of  the  county 
wherein  his  residence  is  located,  sixty  days  just  preceding 
the  election,  who  is  able  to  read  the  Constitution,  is  entitled 
to  vote,  (Art.  VI.,  Sees.  2,  5  and  9.)  Persons  of  unsound 
mind  and  convicts  whose  citizenship  has  not  been  restored 
are  deprived  of  the  elective  franchise,  (Sec.  6.)  No  civil  or 
military  authority  can  interfere  to  prevent  one  from  exercis- 
ing this  right.  All  elections  are  open,  free  and  equal.  (Dec. 
R.,  Sec.  27.)  In  order  to  vote  each  citizen  must  register  as  a 


THE    CONSTITUTION    OF    WYOMING.  97 

voter,  according  to  law.  (Art.  VI,  Sec.  12.)  All  general 
elections  are  held  the  Tuesday  following  the  first  Monday  in 
November  of  the  even  numbered  years.  All  State  and  county 
officers  are  elected  at  this  time  and  assume  the  duties  of  their 
offices  the  first  Monday  in  January  following  their  elections. 
At  these  general  elections  all  the  State  and  county  officers, 
members  of  the  Legislature,  the  Representative  to  the  United 
States  Congress  and  the  electors  to  elect  the  President  of  the 
United  States  are  chosen  by  ballot.  All  voters  are  given  the 
absolute  privacy  in  the  preparation  of  their  ballots,  and  it  is 
absolutely  necessary  that  the  ballots  so  prepared  shall  be 
shown  to  no  one  before  being  placed  in  the  ballot  box.  This 
makes  voting  according  to  one's  own  judgment  and  inclina- 
tion possible  rather  than  following  the  dictates  and  wishes 
of  some  other  person.  (Sec.  n,  Elect.  Sec.  5.)  Wyoming, 
in  addition  to  the  two  United  States  Senators  which  each 
State  elects  by  its  Legislature,  is  entitled  at  present  to  one 
Representative  in  Congress.  Each  State  is  entitled  to  one 
Representative  for  every  194,182  people  within  its  borders. 
States  having  less  than  this  number  of  inhabitants  are  en- 
titled to  one  Representative.  At  present  we  have  a  popula- 
tion of  about  100,000  and  until  we  almost  double  our  popula- 
tion we  cannot  have  an  additional  Representative  in  Con- 
gress. So  long  as  we  are  entitled  to  but  one  Representative 
the  election  is  made  by  the  entire  State.  When  we  have  an- 
other Representative  in  Congress  the  State  will  be  divided 
into  two  Congressional  districts,  each  one  of  which  will  have 
a  Representative  who  will  be  elected  only  by  the  people  of 
the  district.  (Art.  Ill,  Apport.  Sec.  i,  Act  of  Admis.  Sec. 
3.)  Wyoming  is  entitled  to  three  presidential  electors,  who 
are  elected  every  fourth  year  after  1900.  (R.  S.,  Sec.  196.) 

QUESTIONS. 

1.  What  was  the  object  of  the  Constitution-makers  in  pro- 
hibiting donations  and  support  to  religious  institutions?  Was  it 
because  they  did  not  believe  in  them? 


98  THE     GOVERNMENT    OF    WYOMING. 

2.  What  is  the  meaning  of  the  "  free  exercise  of  religious 
worship  "? 

3.  Are   there   any   religious   tests   made   in    connection   with 
any  school  position?    Why? 

4.  What  is  religion? 

5.  Who  has  the  general  supervision  of  the  school  system  in 
the  State? 

6.  What  is  the  compulsory  school  age  in  the  State? 

7.  Where    is    the    institution    for    higher    learning    located? 
What  is  it  called?     How  many  students  attend  it? 

8.  What  is  meant  by  a  co-educational  institution? 

9.  Explain  the  Australian  Ballot  System. 

10.  How  would  a  blind  man  vote? 

11.  What  are  the  qualifications  in  order  to  cast  a  ballot? 

12.  What  is  the  meaning  of  the  term  "  equal  rights  "?    Why  is 
Wyoming  called  the  "  Equality  State  "? 

13.  After  State  officers  are  elected  when  do  they  assume  their 
duties? 

14.  How  many  representatives  to  the  United  States  Congress 
are  sent  by  Wyoming?     Who  so  represents  us?     When  will  one 
be   elected?     How   are   representatives   elected? 

15.  Who    are    the    United    States    Senators    from   this    State? 
How  are  they  elected?    When  is  one  to  be  elected? 

16.  State    some    acts    of    importance    that    our    Senators    and 
Representatives  have  done  for  this  State. 

17.  Why  are  we  limited  to  three  presidential  electors?    What 
are  their  duties? 

18.  When  are  presidential  electors  elected  and  how? 

REFERENCES. 

Ashley,  The  American  Federal  State,  pp.  38,  85,  459,  462,  Ch. 

XXIX. 

Hart,  Actual   Government,   Ch.  XXIX,  Sees.  32-41. 
Bryce,  The  American  Commonwealth,  II,  pages  570-586,  Ch. 

XCII. 

Schouler,    Constitutional   Studies,   pp.   230-248. 
Fiske,   Civil   Government,  pp.   133-136. 
James    and    Sanford,    Government   in   State   and   Nation,    Chs. 

IX,  XI. 


CHAPTER    XIII. 
TREASON,  IMPEACHMENT,  BRIBERY  AND  RIGHTS. 

Treason  is  a  crime.  It  is  an  act  committed  against  the 
State  and  not  against  individuals.  It  is  an  act  committed  by 
a  subject  against  the  State  to  which  he  has  sworn  allegiance. 
The  old  Roman  law  called  it  crimen  lces<z  majestatis,  the 
crime  of  violated  sovereignty.  It  is  a  breach  of  faith  in  that 
it  attempts  to  overthrow  the  political  organization  which  on 
oath  the  citizen  has  promised  to  protect.  Treason  against 
the  State  and  the  United  States  is  identical,  as  set  forth 
in  each  Constitution. 

UNITED  STATES  WYOMING. 

,    Treason  against  the  United  Treason   against  the   State 

States    shall    consist    only    in  shall  consist  only  in  levying 

levying  war  against  them,  or  war  against  it,  or  in  adhering 

.adhering    to    their    enemies,  to    its    enemies    or    in    giving 

giving  them  aid  and  comfort.  ,them  aid  and  comfort.  (D.R., 

(Art.   Ill,   Sec.  3.)  Sec.  26.) 

The  Legislature  is  prohibited  from  condemning  one  for 
treason.  A  person  can  be  convicted  of  the  crime  only  on 
confession  in  open  court  or  on  the  testimony  of  two  wit- 
nesses to  the  same  actual  act  of  treason. 

Impeachment — To  impeach  is  to  call  one  to  account.  The 
term  is  used  in  connection  with  officers  holding  positions  of 
trust  who  have  failed  to  perform  duties  in  accordance  with 
the  laws  or  whose  actions  do  not  justify  their  continuance 
in  office.  Their  offences  may  not  violate  the  criminal  code, 
but  are  a  betrayal  of  trust  or  a  neglect  of  public  duty.  The 
Governor,  State  officers  and  judges  of  the  courts  are  liable 
to  impeachment.  The  action  may  be  brought  against  them 
for  crime,  for  omitting  to  do  their  duties  according  to  the 
law,  for  misbehavior  not  amounting  to  crime  in  discharge 
of  the  duties  entrusted  to  them.  The  Senate  cannot  in- 
flict a  direct  punishment  for  impeachment.  Judgment  against 


100  THE     GOVERNMENT    OF    WYOMING. 

an  officer  shall  consist  in  removal  from  office  and  disquali- 
fication to  hold  any  State  office.  If  convicted  or  acquitted 
the  party  is  liable  to  prosecution  according  to  law,  (Art. 
III.,  Sec.  18.)  The  power  to  impeach  rests  in  the  House  of 
Representatives,  that  is  it  prefers  the  charge  of  corrupt  vio- 
lation of  official  duties.  The  Senate  acts  as  a  court  and  tries 
the  case.  A  majority  of  the  House  can  impeach  but  it  takes 
a  two-thirds  vote  of  the  Senate  to  convict.  If  the  Governor 
is  to  be  tried  the  Chief  Justice  of  the  State  Supreme  Court 
shall  preside,  (Sec.  17.)  When  the  President  of  the  United 
States  is  to  be  tried  the  Chief  Justice  of  the  United  States 
presides.  This  provision  was  made  because  if  the  vice-presi- 
dent, who  is  the  president  of  the  Senate  should  preside  at  the 
trial  and  the  President  were  convicted,  the  vice-president 
would  succeed  to  the  President's  chair.  In  this  way  it  would 
place  a  presiding  officer  of  the  court  in  a  position  to  succeed 
to  the  office  of  the  tried  party  should  the  court  pronounce 
him  guilty.  This  is  one  of  the  safe-guards  of  national  and 
State  government  to  prevent  any  action  against  an  officer  to 
profit  by  his  conviction.  No  one  has  been  impeached  in  this 
State.  There  have  been  only  seven  impeachments  by  Con- 
gress, and  of  this  number  only  two  convicted  by  the  Senate. 

Bribery — To  attempt  to  influence  an  officer  in  the  con- 
duct of  his  duty  by  the  offer  of  a  reward  is  bribery.  The  one 
who  gives  and  the  one  who  receives  are  equally  guilty.  Mem- 
bers of  the  Legislature  are  prohibited  from  promising  to 
vote  on  any  measure  on  condition  that  some  other  member 
will  give  his  influence  for  or  against  the  proposition.  The 
legislator  making  such  a  promise  is  deemed  guilty  of  solici- 
tation of  bribery.  The  punishment  is  expulsion  and  ineligi- 
bility  to  the  Legislature,  and  on  conviction  in  the  courts  the 
offender  is  liable  to  a  further  penalty  as  prescribed  by  law, 
(Art  III.,  Sec.  42.)  A  person  offering  money  or  any  valu- 
able thing  to  an  executive  or  judicial  officer  or  member  of  the 
Legislature  to  influence  him  in  the  performance  of  his  duty, 


THE    CONSTITUTION    OF    WYOMING.  101 

is  guilty  of  bribery,  and  may  be  punished  by  law,  (Sec.  43.) 
The  punishment  for  both  the  one  offering  the  bribe  and  the 
officer  receiving  same  is  imprisonment  in  the  penitentiary 
for  a  period  not  over  fourteen  years,  (Art.  III.,  Sec.  45  and 
R.  S.  5073.)  Bribery  by  the  Governor  consists  in  promis- 
ing his  official  influence  in  return  for  Legislative  votes  or 
his  promise  to  veto  bills,  or  the  promise  to  appoint  particular 
persons  to  office  provided  members  of  the  Legislature  use 
their  influence  to  pass  certain  measures,  or  if  he  threatens 
to  remove  any  persons  from  office,  to  exercise  an  influence 
on  the  action  of  a  member.  In  addition  to  the  penitentiary 
punishment  he  shall  forfeit  all  right  to  hold  an  office  of  trust 
or  honor  in  the  State,  (Art.  IV.,  Sec.  10.) 

Personal  and  Property  Rights — The  Declaration  of  Rights 
grants  all  accused  persons  in  criminal  cases  the  right  of  a 
trial  by  a  jury  of  twelve  men.  This  is  called  the  petit  jury,  and 
consists  of  men  chosen  from  the  county  where  the  court  is 
held,  to  decide  the  issues  between  the  two  parties.  The 
grand  jury  also  consists  of  twelve  men  chosen  to  inquire 
into  offences  which  have  been  committed.  This  jury  makes 
a  written  acquisition,  called  an  indictment,  against  the  alleged 
offender.  It  does  not  try  to  prove  that  a  crime  has  been 
committed,  but  accuses  parties  supposed  to  have  committed 
the  offence.  While  it  requires  the  vote  of  the  entire  body 
of  the  petit  jury  to  convict  a  person,  nine  of  the  grand  jury 
can  find  an  indictment.  (D.  R.  Sec.  9,  R.  S.  5280.)  The 
Legislature  is  prohibited  from  enacting  a  law  stating  what 
the  exact  damages  shall  be  given  for  injury  or  death  to  a 
person.  Any  contract  made  with  an  employee  agreeing  not 
to  sue  for  damages  is  without  force,  (Art.  X.,  Sec.  4.) 
Persons  injured  in  mines  by  the  failure  to  provide  protec- 
tion have  a  right  to  bring  suit  against  the  person  or  corpora- 
tion liable,  (Art.  IX.,  Sec.  4.)  If  private  property  is  needed 
for  public  purposes  or  for  private  use  it  cannot  be  taken  from 
the  owner  without  just  compensation,  (Dec.  R.,  Sec.  33.) 


102  THE     GOVERNMENT    OF    WYOMING. 

Every  head  of  a  family  is  entitled  to  a  homestead  not  ex- 
ceeding in  value  the  sum  of  fifteen  hundred  dollars.  This 
homestead  is  exempt  from  forced  sale  under  any  process  of 
law.  This  does  not  apply  to  sale  for  taxes  or  to  the  obli- 
gation of  the  purchase  price  of  the  premises  or  erection  of 
the  improvements  thereon.  (Art.  XIX,  Homestead  Sec.  i, 
R.  S.  3901.) 

QUESTIONS. 

1.  What  is  treason?     What  is  the  punishment  for  treason? 

2.  Who  tries  persons  guilty  of  treason? 

3.  Who  can  be  impeached? 

4.  Is  it  wise  to  give  a  set  of  persons  control  over  officials 
through  removal? 

5.  What  is  the  advantage  of  depriving  one  who  is  guilty  of 
bribery  from  holding  any  office  of  trust  in  the  State  rather  than 
making  the  offender  pay  a  heavy  fine? 

6.  Where  is  bribery  most  frequently  used? 

7.  What   is   the   grand  jury?      How    does   it   differ   from   the 
petit  jury? 

8.  Are  the  sessions  of  the  grand  jury  held  in  secret?     Why? 

REFERENCES. 

Hart,  Actual   Government,  Sees.  571-573. 

Fiske,  Civil  Government,  pp.  221,  222. 

Bryce,  The  American  Commonwealth,  I,  pp.  47,  86,  208,  479. 


CHAPTER  XIV. 

STATE  FINANCES. 

TAXES,  REVENUES,  DEBTS,  APPROPRIATIONS,  FUNDS. 

No  authority  in  the  State  can  surrender  its  power  to  levy 
taxes,  (Art.  XV.,  Sec.  14.)  The  State  has  a  right  to  im- 
pose taxes  upon  its  people  and  their  property  in  order  to 
raise  money  for  public  purposes.  Indirect  taxes  are  duties 
upon  articles  for  consumption ;  direct  taxes  are  poll  tax  and 
taxes  upon  land.  All  the  taxes  must  be  uniform  and  distri- 
buted equally  among  the  people.  "No  tax  shall  be  imposed 
without  the  consent  of  the  people  or  their  authorized  repre- 
sentatives," (Dec.  R.,  Sec.  28.)  The  great  injustice  to  the 
American  colonies  consisted  in  England  levying  taxes  upon 
her  people  in  this  country  without  consulting  them  or  giving 
them  a  representative  in  the  tax  levying  house  in  England. 
"Taxation  without  representation"  was  the  revolutionary 
watchword  and  did  much  toward  bringing  the  war  to  a 
successful  issue.  It  was  something  that  not  only  touched 
the  hearts,  but  the  purse-strings  of  every  colonist.  No 
State  tax  can  be  levied  except  according  to  law,  (Art.  XV., 
Sec.  13.)  The  law  exempts  from  all  taxation  all  property 
in  the  State  belonging  to  the  United  States,  Indian  reserva- 
tions, military  posts  and  reserves,  government  land  and  all 
State  property,  the  State  buildings  and  State  land  donations ; 
county  property,  court  houses  and  hospitals,  city  property, 
school  buildings  and  property  owned  for  public  uses,  also 
secret,  benevolent  and  charitable  buildings,  (S.  L.  1901, 
Ch.  5)  ;  public  libraries,  the  buildings  as  well  as  the  books; 
property  used  for  religious  purposes  and  cemeteries,  (Art. 
XV.,  Sec.  12.)  All  other  property  real  and  personal  is  sub- 
ject to  assessment  and  taxation,  (Sec.  i,  R.  S.  1763.)  An 
assessment  is  the  fixing  of  the  proportion  of  the  tax  which 
each  person  is  to  pay.  Mining  and  coal  lands  are  taxed, 
(Art.  XV.,  Sees.  2  and  3.)  The  gross  products  of  all  the 


104  THE     GOVERNMENT    OF    WYOMING. 

mines  are  taxed  in  addition  to  the  tax  on  the  surface  im- 
provements, (S.  L.  1903,  Ch.  81.)  For  State,  county  and 
city  revenue  the  amount  of  tax  that  can  be  levied  is  limited 
by  law.  With  the  exceptions  for  educational  and  charitable 
purposes  and  in  order  to  pay  public  debts  the  levy  limited 
for  State  purposes  is  four  mills  on  the  dollar ;  for  county 
twelve  mills,  and  for  city  eight  mills,  (Art.  XV.,  Sees.  4, 
5  and  6.)  A  poll  tax  of  two  dollars  each  year  is  levied  on  all 
citizens  between  the  ages  of  twenty-one  and  fifty  years.  The 
poll  tax  goes  to  the  common  school  fund  of  the  district  in 
which  the  poll  tax  is  levied,  (Sec.  5,  R.  S.  1193.) 

The  State  has  a  State  Board  of  Equalization,  whose  duty 
it  is  to  fix  each  year  a  valuation  for  assessment  on  all  live 
stock;  to  assess  all  corporations  used  as  common  carriers 
and  to  equalize  the  valuation  of  property  in  the  counties  for 
the  State  revenue,  (Art.  XV.,  Sec.  10.)  This  board  consists 
of  the  State  Auditor,  State  Treasurer  and  Secretary  of 
State,  (Sec.  9.)  . 

A  debt  is  an  obligation  to  pay  money  or  other  valuable 
thing.  It  is  usually  due  through  some  contract,  or  for  some 
value  received.  In  former  days  those  people  who  could  not 
pay  their  debts  and  could  not  meet  their  obligations,  were 
sent  to  jail  as  punishment.  Now,  except  in  cases  of  fraud, 
no  one  can  be  imprisoned  for  debt,  (Dec.  R.,  Sec.  5.)  The 
Legislature  cannot  release  any  person  or  corporation  from 
an  obligation  or  debt  held  by  the  State,  (Art.  III.,  Sec.  40.) 
Public  indebtedness  is  all  restricted  by  Constitutional  pro- 
visions, (Art.  XVI.,  Sees.  1-4  and  8.)  The  Legislature  has 
power  to  pass  bills  to  raise  revenue.  Revenue  is  the  income 
of  the  State.  It  is  money  necessary  to  carry  on  the  adminis- 
tration of  affairs  of  the  State.  Bills  for  raising  revenue  can 
only  originate  in  the  lower  house.  The  Senate  can  propose 
amendments  to  these  bills,  (Art.  III.,  Sec.  33.)  All  appro- 
priations appear  in  separate  bills,  each  containing  but  one 
subject,  except  the  general  appropriation  bill  which  con- 


THE    CONSTITUTION    OF    WYOMING.  105 

tains  appropriations  for  the  expenses  of  the  several  depart- 
ments of  the  State,  (Sec.  34.)  No  appropriation  can  be 
made  to  institutions  or  corporations  not  under  the  absolute 
control  of  the  State.  (Sec.  33.)  No  money  can  be  paid  out  of 
the  State  Treasury  except  on  appropriation  by  law  and  by 
warrant  drawn  by  proper  officers.  All  bills  against  the  State 
and  county  must  be  verified  by  affidavit ;  they  must  be  sworn 
to  before  some  one  duly  authorized  to  administer  oaths,  (Art. 
XVI.,  Sec.  7.)  The  perpetual  funds  for  school  purposes 
cannot  be  spent,  only  the  annual  income  or  interest  arising 
from  them  can  be  used.  This  fund  includes  all  money  re- 
ceived from  the  sale  or  lease  of  sections  sixteen  and  thirty- 
six  in  each  township  of  the  State ;  the  five  per  cent  as  grant- 
ed by  Congress  on  the  sales  of  Government  lands  in  the 
State ;  proceeds  which  come  to  the  State  through  forfeiture, 
or  unclaimed  shares  of  estates  of  deceased  persons.  The 
money  arising  from  this  source  is  called  the  common  school 
fund.  (Art.  VII.,  Sec.  2.)*  Fines  imposed  under  the  general 
laws  go  to  the  public  school  fund,  (Sec.  5.)  The  income 
arising  from  these  funds  must  be  applied  to  the  support  of 
the  free  schools  in  every  county,  (Sec.  7.)  The  distribu- 
tion of  the  same  is  according  to  the  number  of  children  of 
school  age  in  each  county.  No  appropriation  can  be  made 
for  a  school  which  is  taught  less  than  three  months  in  the 
year.  Private  schools  can  receive  no  aid  from  the  State 
whatsoever,  (Sec.  8.) 

The  public  school  monies  must  be  securely  invested  and 
the  income  or  interest  from  such  investments  must  be  used 
exclusively  for  the  support  and  use  of  the  free  public  schools, 
(Sec.  4.)  These  funds  are  considered  as  a  trust  fund  in 
care  of  the  State,  and  the  greatest  caution  must  be  exercised 
in  the  investment  of  the  money.  The  security  given  must 

*The  amount  distributed  in  1904  to  the  schools  in  the  state  amounted  to  $71,144.72. 
The  apportionment  to  each  county  was  based,  not  on  the  enrollment,  but  on  the  census 
of  children  of  school  age.  The  records  give  21,315  school  children  in  the  state. 


106  THE     GOVERNMENT    OF    WYOMING. 

be  in  bonds  of  the  school  districts,  or  registered  county 
bonds,  State'  securities,  or  securities  of  the  United  States, 
(Sec.  6.)  All  moneys  not  invested  must  be  placed  or  de- 
posited in  some  national  bank  of  this  State,  drawing  inter- 
est which  must  go  to  the  State  rather  than  to  the  parties  to 
whom  the  money  was  temporarily  entrusted.  The  law  pro- 
hibits any  public  officer  from  using  money  for  purposes 
other  than  those  authorized  by  law,  (Art.  XV.,  Sees.  7 
and  8.) 

QUESTIONS. 

1.  What   is   the    duty   of   the    State    Board   of   Equalization? 
Who  compose  the  Board? 

2.  What  are  the  limits  of  the  tax  levy  for  State,  county  and 
city? 

3.  Why  is   it  difficult  to  tax  personal  property? 

4.  Is  it  more  just  to  levy  a  tax  according  to  a  person's  ability 
to    pay   or   according   to   the   benefits    he    receives    from    the    State 
Government? 

5.  Why  are  the  school  funds  so  carefully  guarded? 

6.  How   does   the   State   Treasurer   obtain   the   public   money 
and  how  does  he  pay  it  out? 

7.  How  are  the  monies  invested? 

8.  How  are  the  revenues  raised?     Why  can  a  bill  to  raise  a 
revenue   only  originate   in  the   House   of  Representatives? 

REFERENCES. 

Hart,   Actual   Government,   Ch.   I,    (Taxation). 
Fiske,  Civil  Government,  Ch.  I. 
Ashley,  The  American  Federal  State,  Ch.  XXV. 
Wilson,  The  State,  Sees.  1258,  1259. 

James    and    Sanford,    Government   in    the    State    and    Nation, 
Ch.  VI. 


CHAPTER  XV. 
STATE  OFFICERS. 

The  Governor,  the  Judges  of  the  Supreme  Court,  and 
members  of  the  Legislature  are  State  officers.  The  Consti- 
tution makes  provision  for  other  officers  who  are  elected 
by  the  qualified  voters  of  the  State,  at  the  time  and  place 
where  the  members  of  the  Legislature  are  chosen.  These 
officers  are  a  Secretary  of  State,  an  Auditor,  a  Treasurer 
and  Superintendent  of  Public  Instruction.  Each  of  these 
four  must  be  a  citizen  of  the  United  States,  qualified  State 
elector  and  at  least  twenty-five  years  of  age  and  each  re- 
ceives a  salary  of  two  thousand  dollars  a  year.  (Art  IV., 
Sec.  13.)  Their  term  of  office  is  four  years.  All  of  the  State 
officers  are  eligible  for  re-election  after  the  expiration  of 
their  term  of  office,  except  the  State  Treasurer,  who  cannot 
succeed  himself,  but  may  be  eligible  for  the  position  again 
when  four  years  have  expired  from  the  time  for  which  he 
was  elected.  (Art.  IV.,  Sec.  u.)  This  provision  is  made 
to  protect  the  State  funds  which  come  under  his  control. 
The  frequent  rotation  of  office  necessitates  the  transfer  of 
money  from  one  treasurer  to  another  and  fraud  or  any  ir- 
regularity is  thus  prevented,  at  least  for  any  length  of  time. 

The  official  oath  of  office,  which  must  be  taken  before  en- 
tering upon  the  duties  of  their  respective  offices,  is  as  fol- 
lows : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support,  obey 
and  defend  the  Constitution  of  the  United  States  and  the 
Constitution  of  this  State,  and  that  I  will  discharge  the  duties 
of  my  office  with  fidelity ;  that  I  have  not  paid  or  contributed, 
or  promised  to  pay  or  contribute,  either  directly  or  indirectly, 
any  money  or  other  valuable  thing,  to  procure  my  nomina- 
tion or  election  (or  appointment)  except  for  necessary  and 
proper  expenses  authorized  by  law ;  that  I  have  not,  know- 
ingly, violated  any  election  law  of  the  State,  or  procured 


108  THE     GOVERNMENT    OF    WYOMING. 

it  to  be  done  in  my  behalf;  that  I  will  not,  knowingly,  re- 
ceive, directly  or  indirectly  any  money  or  other  valuable 
thing  for  the  performance  or  non-performance  of  any  act 
or  duty  pertaining  to  my  office  other  than  the  compensa- 
tion allowed  by  law."  (Art.  VI.,  Elections,  Sec.  8.) 

Any  person  refusing  to  take  this  oath  or  affirmation  for- 
feits the  office  to  which  he  is  elected  or  appointed,  and  any- 
one violating  the  oath  of  office  is  guilty  of  perjury  and  is 
disqualified  forever  from  holding  any  office  of  trust  in  the 
State.  These  oaths  can  be  taken  before  anyone  authorized 
to  administer  oaths.  The  members  of  the  Legislature  must 
take  the  oath  in  the  house  to  which  they  are  elected  before 
one  of  the  Judges  of  the  Supreme  Court  or  a  Justice  of  the 
Peace.  (Art.  VI.,  Elections,  Sec.  9.)  Uniformly  these 
oaths  have  been  administered  by  a  Judge  of  the  Supreme 
Court. 

The  Secretary  of  State  must  reside  in  the  capital  and 
keep  his  office  in  that  place.  He  has  the  care  of  the  great 
seal  of  the  State.  The  imprint  of  this  seal  is  placed  on  all 
documents  and  certificates  coming  from  his  office.  He  has 
the  custody  of  all  of  the  documents  and  papers  connected 
with  the  Legislature  of  Wyoming.  These  are  of  extreme 
value  as  they  are  the  laws  as  originally  made,  and  in  cases 
of  controversy  reference  is  made  to  the  documents  as  the 
most  accurate  authority  to  settle  the  question.  The  Secre- 
tary attests  or  certifies  to  all  of  the  official  acts  of  the  Gov- 
ernor under  his  "hand  and  seal,"  and  keeps  a  register  of  all 
the  commissions  issued  by  the  Governor  and  of  the  Gov- 
ernor's official  acts.  (R.  S.,  Sec.  55.)  The  Secretary  must 
give  a  bond  of  ten  thousand  dollars  that  he  will  well  and 
truly  perform  the  duties  of  his  office.  He  is  the  custodian  of 
all  the  bonds  of  the  other  State  officers.  (R.  S.,  Sees.  54  and 
69.)  If  the  position  of  Governor  becomes  vacant,  he  is  then 
the  acting  Governor.  He  receives  the  salary  of  both  offices 


THE    CONSTITUTION    OF    WYOMING.  109 

when  filling  both  places.     The   salary   of   the   Governor   is 
two  thousand,  five  hundred  dollars  a  year. 

If  the  Secretary  of  State  removes  from  the  State  or  is 
impeached,  the  Governor  has  the  power  to  appoint  a  Secre- 
tary of  State.  (R.  S.,  Sec.  64.) 

The  Auditor  gives  a  bond  of  fifteen  thousand  dollars. 
He  is  the  accountant  of  the  State  and  audits  and  settles  all 
claims  against  the  State  except  those  required  by  law  to  be 
adjusted  by  the  other  officers;  he  is  the  keeper  of  the  ac- 
counts, vouchers,  documents  and  all  papers  relating  to  the 
accounts  and  contracts  of  the  State.  He  is  also  ex-officio 
Insurance  Commissioner  whose  duty  it  is  to  examine  into 
the  conditions  and  relations  of  any  insurance  company 
doing  business  in  the  State,  (R.  S.  Sees.  70,  72,  82.) 

The  Treasurer  of  the  State  is  obliged  to  give  a  bond  of 
twenty-five  thousand  dollars.  He  receives  and  keeps  all 
of  the  money  of  the  State  not  required  by  law  to  be  kept  by 
some  of  the  other  officers.  The  Auditor  makes  out  warrants 
for  bills  against  the  State  and  the  Treasurer  pays  the  bills 
as  indicated  by  the  warrants,  (R.  S.  Sees.  85  and  86.)  He 
invests  all  permanent  funds  arising  from  the  sale  of  State 
lands,  (S.  L.  1903,  Ch.  30.) 

The  State  Superintendent  of  Public  Instruction  has  the 
general  supervision  of  the  educational  interests  of  the  State 
and  is  an  ex-officio  member  of  the  board  of  trustees  of  the 
university,  (R.  S.  Sec.  488.)  Each  year  he  distributes  the 
money  received  by  the  State  Treasurer  for  public  schools, 
including  rents  of  unsold  school  lands,  among  the  several 
counties  of  the  State  according  to  the  number  of  children 
of  school  age  in  each.  The  money  is  paid  by  the  Auditor's 
warrant  to  the  county  treasurers.  The  county  superintend- 
ents have  the  money  sent  from  the  county  treasurers  to  the 
several  school  districts  in  the  county.  No  district  having 
a  school  for  less  than  three  months  receives  any  of  this  dis- 
tribution, (R.  S.  Sec.  93.) 


110  THE     GOVERNMENT    OF    WYOMING. 

In  addition  to  the  regular  duties  of  these  State  officers, 
they  also  serve  ex-officio,  on  State  Boards  and  Commissions 
as  follows : 

State  Board  of  School  Land  Commissioners :  Governor, 
Superintendent  of  Public  Instruction  and  Treasurer. 

State  Board  of  Land  Commissioners :  The  Governor, 
State  Superintendent  of  Public  Instruction  and  Secretary  of 
State. 

State  Board  of  Charities  and  Reforms :  Governor,  Secre- 
tary, Treasurer,  Auditor. 

Capitol  Building  Commission :  Auditor,  Treasurer,  En- 
gineer. 

State  Board  of  Condemnation  of  Sale  of  Useless  State 
Property :  Secretary,  Treasurer  and  Auditor. 

State  Board  of  Equalization:  Secretary,  Auditor  and 
Treasurer. 

The  Constitution  does  not  designate  all  of  the  officers  of 
the  State,  but  delegates  some  power  to  the  Legislature  in 
creating  such  offices  as  are  necessary  for  the  best  interests 
of  good  government.  It,  however,  provides  for  a  State 
Examiner,  who  is  appointed  by  the  Governor,  and  confirmed 
by  the  Senate  for  a  term  of  four  years,  (Art.  IV.,  Sec.  14.) 
His  salary  is  two  thousand  dollars  per  year,  (S.  L.  1903, 
Ch.  99.)  His  duties  are  to  examine  all  books  and  accounts 
of  the  several  offices  of  the  State  and  county  and  to  establish 
a  uniform  and  correct  system  of  keeping  the  financial  ac- 
counts of  these  several  institutions.  He  visits  these  offices 
without  previous  notification  at  least  twice  a  year  and  makes 
detailed  accounts  of  his  inspection  to  the  Governor.  In  case 
the  State  Treasurer,  or  a  treasurer  of  a  county  or  municipal 
corporation,  should  be  removed,  he  would  take  the  vacant 
place  until  such  time  as  the  office  was  again  filled  by  proper 
authority.  Once  a  year  he  makes  an  inventory  of  all  the  chat- 
tel property  of  the  State,  keeping  a  record  of  the  description 
of  this  property,  its  location,  condition,  and  cost,  (R.  S. 
Sec.  116,  121-123.) 


THE    CONSTITUTION    OF    WYOMING.  Ill 

The  State  Engineer  is  appointed  by  the  Governor  and 
serves  for  a  term  of  six  years.  His  salary  is  two  thousand, 
five  hundred  dollars.  He  has  the  general  supervision  of 
the  waters  of  the  State,  and  the  offices  connected  with  their 
distribution.  (Art.  VIII.,  Sec.  5.)  He  makes  measure- 
ments and  calculations  of  the  discharge  of  the  streams  and 
makes  surveys  to  determine  the  best  locations  for  construct- 
ing works  for  utilizing  the  water  of  the  State  and  ascertains 
the  location  of  the  lands  best  suited  for  irrigation.  All  the 
needs  of  the  State  as  to  irrigation  matters  are  entrusted 
to  the  Engineer,  (R.  S.  Sec.  104.) 

The  Governor  appoints  two  Inspectors  of  Coal  Mines 
who  hold  the  office  for  six  years,  and  receive  annually  two 
thousand  dollars.  One  has  the  jurisdiction  of  Laramie,  Al- 
bany, Carbon,  Sweetwater  and  Uinta  counties,  called  Dis- 
trict No.  i.  The  remaining  counties  of  the  State  constitute 
District  No.  2.  The  duties  of  these  officers  are  to  examine 
all  of  the  coal  mines  within  their  district  at  least  once  in 
three  months  and  to  see  that  all  the  requirements  by  law 
to  protect  the  miners  are  being  fulfilled.  (Art.  IX.,  Sec.  I, 
S.  L.  1903,  Ch.  23.)  Other  mines  than  coal  mines  are  in- 
spected by  the  Geologist,  (S.  L.  1903,  Ch.  35.) 

The  State  Geologist  receives  his  appointment  from  the 
Governor,  confirmed  by  the  Senate,  as  are  all  the  appoint- 
ments made  by  the  executive,  (Art.  IX.,  Sec.  6.)  He  re- 
ceives a  salary  of  two  thousand,  four  hundred  dollars.  His 
duties  are  to  report  on  the  mining  property  and  to  collect 
official  information  relating  to  the  various  mines  and  to 
publish  reports  upon  mining  projects  in  the  State  in  order 
to  advance  the  mining  industry  and  to  advertise  the  mineral 
wealth  of  our  State,  (S.  L.  1901,  Ch.  45.)  He  is  also  ex- 
officio  Inspector  of  Mines  other  than  coal  mines.  He  makes 
examination  of  all  matters  relating  to  the  safety  of  the  per- 
sons working  in  these  metalliferous  mines,  (S.  L.  1903, 
Ch.  35.) 


112  THE     GOVERNMENT     OF    WYOMING. 

If  vacancies  occur  in  any  of  the  State  offices  the 
Governor  has  the  power  to  appoint  some  one  to  fill  the  place 
until  the  next  election,  or  until  the  next  Legislature,  (Art. 
IV.,  Sec.  7.)  This  does  not  apply  to  members  of  the  Legis- 
lature, who  have  to  be  elected  by  a  special  election,  (Art. 
III.,  Sec.  4.)  No  person  holding  a  United  States  office 
can  occupy  any  official  position  of  this  State  to  which  finan- 
cial compensation  is  attached.  (Art.  VL,  Elections,  Sec. 
7.)  The  salary  of  no  officer  can  be  increased  or  diminished 
during  his  term  of  office.  (Art.  III.,  Sec.  32.)  The  salaries 
of  county  officers  are  limited  by  the  Constitution  and  defi- 
nitely regulated  by  Legislative  enactments.  The  amounts 
received  are  gauged  in  accordance  with  the  assessed  valua- 
tion of  the  counties.  (Art.  XIV.,  Sec.  3.) 

The  counties  are  divided  into  classes  as  follows : 

Assessed  valuation  of  over  five  million  dollars,  first  class. 

Assessed  valuation  of  over  two  million,  five  hundred 
thousand  dollars  and  not  exceeding  five  million,  second 
class. 

Assessed  valuation  of  more  than  one  million,  four  hundred 
thousand  dollars  and  not  exceeding  two  million,  third  class. 

Assessed  valuation  of  less  than  one  million,  five  hundred 
thousand  dollars,  fourth  class. 

QUESTIONS. 

1.  What  is  the  advantage  of  having  some  of  the  State  offi- 
cers elected  by  the  people  and  some  appointed  by  the  Governor? 

2.  What  State  officers  are  elected?     When  was  the  last  elec- 
tion held?     When  is  the  next  election? 

3.  What   is   the   reason   for   prohibiting   one   from   holding   a 
State  office  if  he  cannot  take  the  required  oath  of  office? 

4.  Explain   the   duties   of  the   Secretary  of   State?     The   Au- 
ditor?    The  Treasurer?     Superintendent  of  Public  Instruction? 

5.  Give  the  names  of  the  officers  holding  these  positions.     Do 
any  of  them  come  from  your  county? 

6.  What  authority  and  power  have  the  State  Boards? 


THE    CONSTITUTION    OF    WYOMING.  113 

7.  Is  the  office  of  the  State  Examiner  a  necessary  one?     How 
can  he  prevent  frauds? 

8.  Why  do  we  have  State  Mine  Inspectors? 

9.  What  are  the  duties  of  the  State  Geologist? 

10.  How  are  vacancies  in  the  State  offices  filled? 

REFERENCES. 

Fiske,    Civil    Government,   pp.    167-180. 

Ashley,  The  American  Federal  State,  Ch.  XX. 

Wilson,  The  State,  pp.  612-639. 

Hart,  Actual  Government,  Ch.  VIII. 

Bryce,  The  American  Commonwealth  I,  Ch.  XLIII. 


CHAPTER  XVI. 

STATE  LANDS,  WATER,  LABOR,  CORPORATIONS,  MILITIA  AND 
PUBLIC  BUILDINGS. 

The  subjects  of  land  and  water  are  equally  important  in 
the  arid  regions.  Land  without  water  is  about  as  valueless 
as  water  without  land  in  Wyoming.  They  are  the  hook  and 
eye  that  bind  the  State  together.  Each  is  practically  useless 
without  the  other  in  a  country  where  there  are  no  stated 
periods  of  rainfall.  The  Constitution  (Art.  XVIII. ,  Sec. 
i)  accepted  the  grants  of  land  made  by  the  United  States 
to  the  State  for  educational  purposes,  for  public  buildings 
and  institutions  and  other  uses  and  accepted  donations  of 
money  as  provided  in  the  act  of  admission  of  the  State  into 
the  Union  approved  July  10,  1890.  All  the  lands  thus  do- 
nated are  unconditionally  set  aside  for  the  purpose  specified 
in  such  act,  and  the  proceeds  arising  from  the  use  or  sale 
of  same  are  never  expended  for  any  other  purposes,  (R. 
S.,  Sec.  795,  Act  of  Adm.,  Sec.  4-14.)  These  lands  cannot 
be  sold  for  less  than  $10.00  per  acre.  The  acceptance  of 
arid  lands  from  the  Government  was  authorized  by  the 
Legislature  (S.  L.  1895,  R.  S.,  Sec.  934),  on  the  condition 
that  the  State  reclaimed  these  lands  and  disposed  of  them  to 
settlers. 

The  State  Board  of  School  Land  Commissioners,  and  the 
State  Board  of  Land  Commissioners  have  control,  direction, 
disposition  and  care  of  all  lands  granted  the  State,  (Art. 
XVIII.,  Sec.  3,  Art.  VII.,  Sec.  13.)  These  grants  of  land 
were  not  from  any  one  locality  in  the  State;  they  included 
stated  numbers  of  acres  which  could  be  selected  from  any 
part  of  the  State  for  special  purposes.  The  School  Land 
Commissioners  have  control,  direction,  leasing,  disposal  and 
selection  of  the  school  lands.  The  other  land  board  selects 
and  controls  all  of  the  other  lands  donated  to  the  State,  (S. 
L.  1903,  Ch.  78,  Sees,  i  and  2,  Art.  XVIII.,  Sec.  4.)  Wyo- 


THE    CONSTITUTION    OF    WYOMING.  115 

ming,  by  her  Constitution,  disclaimed  any  ownership  or  title 
to  the  unappropriated  public  lands  within  her  boundaries  or 
to  any  lands  owned  or  held  by  Indian  tribes  and  also  de- 
clared that  no  lands  or  property  of  the  United  States  within 
her  boundaries  should  ever  be  taxed.  (Ordinance,  Sec.  3.) 
The  right  of  eminent  domain  or  the  right  to  take  private 
property  for  public  uses  cannot  be  exercised  without  com- 
pensation to  the  owner.  This  right  also  extends  to  taking 
property  and  franchises  of  incorporated  companies  when 
needed  for  public  use.  (Art.  X.,  Sees,  i  and  9.)  Private 
property  can  be  taken  for  private  use  without  the  consent  of 
the  owner,  but  only  with  due  compensation,  when  needed  for 
private  ways  of  necessity  and  for  reservoirs,  drains,  flumes, 
or  ditches  on  or  across  the  lands  of  others  for  agricultural, 
mining,  milling,  domestic  or  sanitary  purposes,  (Dec.  R., 
Sec.  32.)  . 

Water — Wyoming  was  the  first  State  to  provide  by  Con- 
stitutional enactment  that  the  water  within  the  borders  of 
a  State  is  the  property  of  the  State.  The  Constitution  of 
Colorado  holds  water  to  be  the  property  of  the  public. 
When  this  State  was  admitted  to  the  Union  the  Federal 
Government  ceded  to  the  State  the  title  and  control  of  all 
water  in  the  State.  There  are  approximately  98,000  square 
miles  in  Wyoming,  or  sixty-two  million,  seven  hundred  and 
twenty  thousand  (62,720,000)  acres  of  land.  There  are 
probably  eight  hundred  thousand  acres  of  this  land  irrigated 
and  nearly  twice  this  area  under  ditches,  that  is,  which  can 
be  irrigated  when  there  is  a  demand  for  the  water  from  the 
ditches.  This  land,  under  irrigation,  would  be  practically 
valueless  except  for  grazing  purposes  without  the  use  of 
water.  The  subjects  of  irrigation  and  the  duty  of  water 
do  not  receive  attention  in  most  of  the  State  Constitutions. 
There  is  no  need  of  it.  The  rains  coming  at  stated  seasons 
do  for  other  States  what  the  snow  on  the  mountains,  reser- 


116  THE     GOVERNMENT    OF    WYOMING. 

voirs  and  irrigation  ditches  do  for  the  States  in  the  arid 
region.  Water  in  Wyoming  is  essential  to  industrial  pros- 
perity. It  is  limited  in  amount  and  is  easily  taken  from  its 
natural  channels,  and  must  be  under  the  control  of  the 
State,  (Dec.  R.,  Sec.  31.) 

All  waters  of  the  rivers,  creeks,  springs  and  lakes  within 
the  borders  of  Wyoming  are  the  property  of  the  State,  (Art. 
VIII.,  Sec.  i.)  The  State  Engineer  and  his  superintend- 
ents of  the  four  water  divisions  constitute  the  board  of  con- 
trol who  have  general  supervision  of  the  waters  of  the  State 
and  of  their  appropriation  and  distribution,  (Sec.  2  and  4.) 
Those  who  have  first  used  or  appropriated  water  from  the 
streams  for  beneficial  purposes  have  the  first  claim  to  the 
water.  This  is  called  priority  of  appropriation.  These  ap- 
propriations are  not  denied  unless  the  public  interests  de- 
mand the  withdrawal  or  refusal  of  the  right.  (Sec.  3.) 
Municipal  corporations  can  acquire  the  same  right  as  in- 
dividuals and  can  appropriate  and  use  water  for  domestic 
and  municipal  purposes,  (Art.  XIII.,  Sec.  5.) 

Labor — Only  citizens  of  the  United  States  or  those  who 
have  declared  their  intention  to  become  such,  may  be  em- 
ployed in  the  construction  of  public  buildings  or  improve- 
ments in  this  State,  (Art.  XIX.,  Labor,  Sec.  i.)  No  boy 
under  fourteen  years  of  age  and  no  girl  or  woman  can  be 
employed  in  or  about  coal  or  other  dangerous  mines,  (Art. 
IX.,  Sec.  3.)  The  Legislature  makes  provision  for  the 
proper  ventilation,  drainage  and  operation  of  all  mines,  (Sec. 
2.)  Eight  hours  are  considered  a  lawful  day's  work  in  all 
mines  and  on  all  State  and  municipal  work,  (Art.  XIX., 
Concerning  Labor,  Sec.  i.)  No  person  can  enter  into  a  con- 
tract with  any  other  person  or  corporation  on  condition  that 
if  he  receives  employment  the  one  using  his  services  will  be 
exempt  from  liability  or  responsibility  because  of  personal 
injuries  due  to  the  negligence  of  the  proper  protection  for 
the  employed.  (Art.  XIX.,  Labor  Contracts,  Sec.  i.) 


THE    CONSTITUTION    OF    WYOMING.  117 

Corporations — A  corporation  is  an  association  of  individ- 
uals bound  together  for  a  definite  purpose  and  permitted  to 
do  business  under  a  special  name.  A  private  corporation  is 
created  for  the  private  benefit  of  the  various  members  and  is 
allowed  to  change  its  members  without  destroying  the  asso- 
ciation. A  municipal  corporation  is  a  public  organization 
created  for  political  purposes,  such  as  counties,  towns  and 
cities  and  is  invested  with  governmental  powers.  Corpora- 
tions are  a  part  of  the  State  and  are  subject  to  its  control. 
Monopolies  and  perpetuities  are  not  allowed  in  Wyoming, 
(Dec.  R.,  Sec.  30.)  A  monopoly  is  an  exclusive  right  grant- 
ed to  a  few  to  buy  or  sell,  make  or  use  a  given  thing ;  a  per- 
petuity is  an  interest  in  property  or  things  which  cannot  be 
transferred.  Corporations,  in  order  to  be  legally  organized 
to  do  business,  must  obtain  a  franchise.  A  franchise  is  a 
term  applied  to  the  privilege  granted  by  the  Legislature  to 
corporations  to  transact  business,  (Art.  X.,  Sec.  2.)  A 
combination  of  interests,  preventing  competition  is  a  trust. 
Any  consolidation  of  corporations  which  interferes  with  the 
public  welfare,  is  prohibited,  (Sec.  8.)  In  territorial  days 
towns  and  cities  derived  their  corporative  power  from 
special  charters,  granted  by  the  Legislature.  Now  they  are 
organized  and  classified  according  to  a  general  law.  All 
cities  having  a  population  of  more  than  four  thousand  in- 
habitants are  known  as  cities  of  the  first  class,  (R.  S.,  Sec. 

1587.) 

Railroad  corporations  are  granted  the  privilege  of  operat- 
ing in  the  State.  (Art.  X.,  Railroads,  Sec.  i.)  All  railroads 
and  telegraph  lines  are  public  highways  and  common  carriers 
and  as  such  cannot  discriminate  as  to  the  uses  made  of  them. 
All  who  use  them  must  be  treated  equally  and  impartially, 
(Sec.  2.)  No  franchise  can  be  granted  to  railroads, 
telephone,  telegraph  or  electric  light  lines  to  be  con- 
structed in  a  city  without  the  consent  of  the  officials 
of  the  municipality.  (Art.  XIII. ,  Sec.  4.)  A  corpora- 


118  THE     GOVERNMENT    OF    WYOMING. 

tion  is  allowed,  by  its  charter,  to  engage  in  only 
one  line  of  business,  (Art.  X.,  Sec.  6.)  If  the  same  com- 
pany desires  to  carry  on  a  business  in  more  than  one  de- 
partment additional  charters  will  have  to  be  granted  for 
each  general  line.  The  Legislature  and  all  municipal  cor- 
porations are  prohibited  from  giving  financial  aid  to  any 
railroad  or  telegraph  line,  (Art.  III.,  Sec.  39,  Art.  X.,  Sec. 
5.)  No  corporation  is  permitted  to  transact  business  in  the 
State  until  it  has  accepted  the  Constitution  of  the  State  and 
filed  such  acceptance  in  the  office  of  the  Secretary  of  State, 
(Art.  X.,  Sees.  5  and  6,  R.  S.,  Sec.  3058.) 

Militia — Technically,  the  militia  of  the  State  is  made  up 
of  all  able  bodied  male  citizens  between  the  age  of  eighteen 
and  forty-five  years.  It  might  be  called  a  citizen  army. 
Actually,  the  militia  consists  of  all  the  men  who  have  volun- 
teered their  services  to  the  State  and  have  enlisted  in  the 
Wyoming  National  Guards,  (Art.  XVII. ,  Sec.  i.)  These 
militiamen  may  be  ordered  into  active  service  to  aid  the 
civil  authorities  to  suppress  or  prevent  riot  or  insurrection 
or  prevent  invasion.  They  act  as  a  State  police  force  at  the 
call  of  the  Governor.  "The  right  of  citizens  to  bear  arms 
in  defense  of  themselves  and  of  the  State  shall  not  be  de- 
nied," (Dec.  R.,  Sec.  24.)  This  military  power  is  always 
under  the  strict  control  of  the  civil  power  of  the  State,  and 
no  soldier  in  time  of  peace  can  be  stationed  in  any  house 
without  the  consent  of  the  owner,  (Sec.  25.)  The  Governor 
is  commander-in-chief  of  the  Wyoming  National  Guards. 
His  staff  consists  of  officers  appointed  by  him  for  a  term  of 
four  years.  (S.  L.  1901,  Ch.  62,  Sec.  I.)  The  chief  of  his 
staff  is  an  adjutant-general  with  the  rank  of  brigadier-gen- 
eral, who  has  general  supervision  of  the  ordnance,  arms  and 
supplies  of  the  militia  which  are  the  property  of  the  United 
States  and  the  State.  The  enlistments  are  for  a  term  of  three 
years.  Officers  of  a  company  are  elected  by  the  company 
and  commissioned  by  the  Governor  and  all  militia  serve  with- 


THE    CONSTITUTION    OF    WYOMING.  119 

out  salary  unless  on  actual  duty  when  the  compensation  is 
two  dollars  per  day,  (Art.  XVII. ,  Sec.  3,  R.  S.  Sees.  718, 
729,  739,  742.)  No  elector  on  the  day  of  election  is  obliged 
to  serve  on  militia  duty  unless  in  time  of  public  necessity, 
(Art.  VI.,  Sec.  4.)  No  military  force  can  be  brought 
into  this  State  to  suppress  domestic  violence  without  being 
called  for  by  the  Legislature,  or  the  Governor,  when  the 
Legislature  is  not  in  session,  (Art.  XIX.,  Police  Powers, 
Sec.  i.)  No  military  organization  of  the  State  can  carry 
any  flag  of  any  nationality  except  that  of  the  United  States, 
(Art.  XVII.,  Sec.  4.) 

When  the  President  of  the  United  States  called  for  troops 
in  the  Spanish- American  War  of  1898,  our  State  apportion- 
ment was  231,  but  338  were  mustered  in  with  our  first  bat- 
talion. The  call  stated  that  men  from  our  National  Guards 
or  militia  should  be  used  as  far  as  possible  as  they  had  the 
advantage  of  being  better  equipped,  armed  and  drilled.  The 
battalion  left  Cheyenne,  May  18,  1898,  for  California  and 
sailed  for  the  Philippines  June  27,  and  reached  Manila  Aug- 
ust 2,  in  time  to  assist  in  the  capture  of  that  city.  Upon  the 
second  call  for  troops  from  President  McKinley,  a  battery  of 
light  artillery  was  accepted  from  Wyoming,  containing  125 
men  who  were  mustered  in  June  15,  and  sailed  from  San 
Francisco  November  8,  1898,  for  the  Philippines.  In  ad- 
dition to  this  seven  troops  of  cavalry  recruited  in  the  State 
and  entered  the  Second  U.  S.  Volunteer  Cavalry  which  was 
organized  at  Fort  Russell  under  the  command  of  Colonel 
J.  L.  Torrey.  Officers  and  their  men  numbered  592.  They 
went  to  Florida,  June  22,  1898.  Wyoming  not  only  sent 
her  apportionment  of  soldiers  to  the  war  but  aggregated 
four  and  one-half  times  her  proper  quota.  Governor  De 
Forest  Richards,  in  speaking  before  the  Legislature  in  1901, 
of  their  courage  and  fortitude,  said:  "Too  much  cannot  be 
said  in  praise  of  the  men  of  the  State  of  Wyoming,  who, 
at  the  first  call  to  arms,  offered  themselves  as  champions  of 


120  THE    GOVERNMENT    OF    WYOMING. 

our  country's  cause."  Following  his  recommendation  suit- 
able medals  were  presented  in  the  name  of  the  State  to  each 
participant. 

Public  Buildings — The  Constitution  located  several  of  our 
public  buildings  for  a  period  of  ten  years  at  least ;  after  that 
time  the  Legislature  might  make  provision  for  a  re-location 
by  popular  vote  of  the  people.  This  vote  will  make  the  loca- 
tion permanent  and  for  all  time.  The  public  buildings  lo- 
cated were : 

The  Capitol  at  Cheyenne. 

The  State  University  at  Laramie. 

The  Insane  Asylum  at  Evanston. 

The  Penitentiary  at  Rawlins.  (Art.  VII,  Sec.  23.)* 
The  charitable,  reformatory  and  penal  institutions  are  un- 
der the  supervision  and  control  of  the  State  Board  of  Chari- 
ties and  Reform,  which  is  composed  of  the  Governor,  Sec- 
retary of  State,  Treasurer,  Auditor  and  Superintendent  of 
Public  Instruction,  (Art.  VIL,  Sec.  18,  R.  S.,  Sec.  632.) 
The  seat  of  government  or  the  capitol  is  under  the  charge  of 
the  capitol  building  commission,  consisting  of  the  State  Au- 
ditor, Engineer  and  Treasurer,  (R.  S.,  Sec.  708.)  The  uni- 
versity is  under  the  authority  and  custody  of  the  Board  of 
Trustees,  (R.  S.,  490,  Art.  VIL,  Sec.  22.)  Other  State  build- 
ings have  been  erected  and  put  into  operation  by  Legisla- 
tive action,  but  the  four  mentioned  are  the  only  ones  enum- 
erated in  the  Constitution,  and  for  which  Constitutional 
provision  has  been  made,  f  Article  XXI  of  the  Constitution 
contains  the  provisions  for  transferring  from  the  territorial 
to  State  organization,  making  all  territorial  State  property 
and  buildings  as  well  as  all  laws  and  obligations  of  the  ter- 
ritory to  pass  to  the  State. 


*These  four  public  buildings  have  remained  in  the  location  indicated  to  this  date. 
At  the  general  election,  to  be  held  in  November,  1904,  the  question  of  the  permanent 
site  of  the  buildings  will  be  submitted  to  the  qualified  electors  of  the  state.  Any  lo- 
cality receiving  a  majority  of  the  votes  cast  for  any  building  shall  be  its  permanent 
place.  (S.  L.  1901,  Ch.  26.) 

fSee  Part  III,  Chap.  XXII,  Appendix  B. 


THE    CONSTITUTION    OF    WYOMING.  121 

QUESTIONS. 

1.  What  relation  do  land  and  water  bear  to  one  another  in 
the  arid  region? 

2.  How   many   acres   of   land   has   the    Federal    Government 
granted   Wyoming? 

3.  State  the  lowest  price  for  which  land  can  be  sold?    What 
is  the  object  in  placing  the  price  so  high? 

4.  Who   owns   the    Indian    Reservations?     The    Yellowstone 
Park?    The  ground  the  Capitol  Building  stands  on  at  Cheyenne 
and  the  land  occupied  by  the  Federal  Buildings  in  the  State? 

5.  What  is  Eminent  Domain? 

6.  Can  private  property  be  taken  for  private  use?    Why? 

7.  What  is  meant  by  the  term  "reclamation  of  arid  land"? 

8.  What  large  irrigation  enterprise  is  there  in  your  locality? 

9.  What  is  a  corporation?     A  trust?     A  franchise?     A  mo- 
nopoly?    A  municipal   corporation? 

10.  Is  there  a  municipal  corporation  in  the  place  where  you 
reside?     Who  controls  it? 

11.  Why  are  corporations  obliged  to  accept  the  Constitution 
before  they  can  transact  business  in  the  State? 

12.  Has  the  Governor  ever  had  to  call  out  the  State  militia? 
Why? 

13.  How  many  companies  of  the  National  Guard  are  there 
in  Wyoming? 

14.  State  some  good  reason  why  no  military  organization  can 
carry  any  National  flag  except  the  Stars  and  Stripes. 

15.  What  harm  could  result  from  having  children  and  women 
work  in  mines?     How  long  is  a  lawful   day's  work? 

16.  Where  are  the  Public  Buildings  of  the  State  located? 

17.  What  is  the  meaning  of  the  word  charitable,   reforma- 
tory and  penal  institutions? 

18.  When  did  Wyoming  become  a  State? 

REFERENCES. 

Act  of  admission  of  Wyoming  to  the  Union,  R.  S.  1899.  (Do- 
nations of  Land.) 

Consult  Revised  Statutes  and  Session  laws  of  the  State.  Jour- 
nals and  Debates  of  the  Constitutional  Convention, 
Wyoming  (of  extreme  value). 

Schouler,  Constitutional  Studies,  Ch.  VIII. 

Bryce,  The  American  Commonwealth,  I,  49,  678,  702. 


122  THE     GOVERNMENT     OF    WYOMING. 

Ely,  Monopolies  and  Trusts. 

Hart,    Actual    Government,    Sees.    215-217     (Labor),    204-205 

(Militia),  209    (Corporations). 
Wilson,  The   State,   Sees.   1506-1509. 
Ashley,  The  American   Federal  State,  Ch.  XIX. 
Fiske,  Civil  Government,  pp.  116-136. 
James  and  Sanford,  Government  in  State  and  Nation,  Ch.  XI. 


(Sample  Examination  Questions  Given  to  Teachers  on  the  Civil 
Government  of  Wyoming.) 

1.  Name  the  three  forms  of  government.     Give  examples  of 
two  of  these  in  Wyoming. 

2.  Name  five  State  offices  filled  by  election.     Five  by  appoint- 
ment. 

3.  Describe  the  machinery  by  which  every  voter  is  allowed 
to  have  a  voice  in  the  selection  of  candidates  for  county,  State 
and  national  offices. 

4.  What  are  the  principal  duties  of  the  State  Superintendent? 

5.  What  State  officer  may  not  succeed  himself?     Why? 

1.  What  is  meant  by  the  jurisdiction  of  a  court?     What  is 
the  jurisdiction  of  a  court  of  a  Justice  of  the  Peace? 

2.  How  is  a  vacancy  in  one  of  the  county  offices  filled? 

3.  Who  are  the  Justices  of  the  Supreme  Court  and  when  does 
the  term  of  each  expire? 

4.  Does  the  Secretary  of  State  continue  to  draw  the  salary  of 
the  office  when  advanced  to  that  of  Governor?     Does  he  draw 
the  salary  of  the  Governor  in  that  case? 

5.  How  can  one  collect  a  bill  against  the  county? 

6.  Distinguish  between  a  civil  suit  and  a  criminal  prosecution. 

1.  Who  is  Governor  of  Wyoming?    How  did  he  become  Gov- 
ernor?    How   does   the    Constitution   of  the   United   States   and 
many  State  Constitutions  differ  from  ours  in  providing  for  this 
emergency? 

2.  How    are    criminals    brought    to    trial    before    the    district 
courts?     How  in  the  United   States   courts   and  in   many  State 
courts? 

3.  What  are  the  sources  of  revenue  for  the   support  of  the 
public  schools? 

4.  What  is  the  minimum  price  for  which  school  lands  can  be 
sold? 

5.  Name    the    members    of   the    State    legislature    from    your 
county  and  tell  when  their  terms  expire. 


PART   III 

THE  ADMINISTRATION   OF 
AFFAIRS   IN   WYOMING 


CHAPTER    XVII. 
THE    ADMINISTRATION    OF  JUSTICE. 

Laws  are  a  dead  letter  without  courts  to  expound  and 
define  their  true  meaning  and  operation. — Alexander 
Hamilton. 

The  written  laws  of  the  State  are  the  Constitution  and  the 
Legislative  acts.  These  acts  comprise  the  statutes  of  State. 
The  judicial  department  applies  these  written  laws  to  mat- 
ters in  controversy.  Questions  under  dispute,  rather  than 
to  be  settled  by  force  of  arms  or  by  physical  strength  are 
'taken  into  courts  where  each  party  to  the  legal  contest  pre- 
sents his  arguments  as  to  what  he  believes  to  be  his  personal 
or  property  rights.  The  judicial  department  then  decides  on 
the  strength  of  the  testimony  given  who  is  entitled  to  these 
rights.  If  all  were  equally  just  and  willing  to  acknowledge 
that  our  neighbor  had  precisely  as  many  rights  as  we  have, 
then  there  would  be  little  use  of  courts.  The  Judicial  De- 
partment is  the  parent,  deciding  the  difficulties  between  con- 
tending children,  who,  not  agreeing  among  themselves  refer 
the  matter  to  a  more  experienced  authority  possessing  im- 
partial judgment.  Others  can  protect  our  interests  better 
than  we  can  ourselves.  The  strong  right  arm  of  the  law  is 
more  powerful  and  effective  than  firearms.  Wrongs  are 
more  lastingly  eradicated  by  justice  than  by  force.  While 
the  judicial  decisions  are  not  really  the  written  law  they 
apply  to  the  case  and  hand  down  the  law  in  the  form  of  de- 
cisions and  these  decisions  are  accepted  as  law ;  inasmuch 
as  they  are  the  legal  interpretation  of  the  intent  of  the  law- 
makers. 

Judges  do  not  always  receive  the  same  light  upon  the  same 
points  of  law,  hence  make  different  interpretations,  and  one 
court  often  reverses  the  decisions  of  another  court.  Peo- 
ple's ideas  change,  and  the  law  changes  with  the  ideas  and 
wishes.  This,  of  course,  is  accomplished  through  the  acts 


126  THE     GOVERNMENT    OF    WYOMING. 

of  the  Legislature,  the  members  of  the  Legislature  thus  ex- 
pressing the  wishes  of  the  people  who  elected  them.  It  is 
a  wrong  idea  to  think  that  the  government  was  made  for. its 
own  sake  and  what  the  people  created  for  its  own  use  is  but 
a  place  for  office  seekers.  The  Government  is  an  organiza- 
tion for  the  purpose  of  carrying  out  the  wishes  of  the  people. 
The  original  object  of  a  government  was  for  the  protec- 
tion of  the  people  and  not  that  the  people  were  to  protect 
the  Government.  If  we  personally  had  to  defend  and  pro- 
tect each  our  right  most  of  our  time  would  be  so  occupied. 
The  organized  government  does  the  work  for  us. 

Governmental  authority  can  serve  the  interests  of  each  per- 
son much  better  than  if  these  personal  matters  were  all  set- 
tled by  the  individuals  directly  interested.  Education,  as 
taught  through  our  public  school  system,  is  more  uniform 
and  better  results  are  obtained  than  if  each  family  had  its 
private  teacher.  The  care  of  the  insane  and  control  of  un- 
fortunate children  have  more  careful  treatment  insured  to 
them  when  under  the  control  of  the  State.  Marriage  and 
divorce  laws  must  be  governed  by  a  uniform  regulation. 
Railroads  must  be  governed  and  commerce  directed.  The 
waters  of  the  State  must  be  carefully  utilized  and  election 
frauds  prevented.  All  of  these  necessary  departments  of 
organization  cannot  be  best  served  by  individual  effort.  It 
requires  organized  efforts.  The  law  states  what  the  rights 
and  duties  of  the  citizens  are  in  regard  to  these  common  in- 
terests, and  when  a  duty  is  forgotten  and  a  right  taken  away, 
the  redress  is  in  our  courts  of  Justice,  or  the  Judicial  De- 
partment of  the  State.  The  acts  of  these  departments  are 
not  based  alone  on  the  Constitution  and  the  statute  laws 
but  also  on  the  "common  law."  The  common  law  is  the  gen- 
eral custom  which  has  been  handed  down  by  tradition  and  is 
that  part  of  our  legal  code  which  came  to  us  from  Revolu- 
tionary days  and  was  derived  from  English  law.  This  law 
embraces  certain  principles  which  our  ancestors  brought 


THE    ADMINISTRATION     OF    AFFAIRS.  127 

across  the  water  with  them  as  birth  rights  and  which  are  the 
basis  of  our  Constitution.  This  common  law  is  often  called 
the  unwritten  law  of  the  State.  One  of  the  early  laws  that 
was  made  by  the  first  Territorial  Legislature  in  October, 
1869,  (S.  L.,  Ch.  15),  was  to  adopt  the  "common  law"  of 
England  as  it  existed  at  the  first  settlement  at  Jamestown, 
Virginia,  in  1607,*  as  part  of  our  statute  law.  This  act  as 
passed  in  our  first  Legislature  has  remained  unchanged  as 
it  now  appears  in  our  revised  statutes,  (Sec.  2695.)  Our 
common  law  is  the  common  law  of  England  and  the  common 
law  of  England  dates  back  to  the  time  "that  the  mind  of 
man  runneth  not  to  the  contrary."§ 

All  of  our  rights  would  exist  if  we  did  not  have  courts, 
but  unless  there  was  some  power  to  insist  that  these  rights 
be  protected  and  to  punish  those  who  deprive  us  of  them,  it 
were  as  well  we  did  not  have  them.  The  Legislative  acts 
are  laws  in  general  affecting  all  the  people  of  our  State. 
Decisions  of  the  courts  apply  the  law  to  some  special  case 
or  right.  The  courts  never  state  that  the  laws  have  been 
violated,  and  they  never  interpret  the  Constitution  or  give  a 
decision  unless  some  special  case  in  controversy  is  brought 
before  them  for  judgment. 

All  cities  with  more  than  four  thousand  inhabitants,  (call- 
ed first  class),  have  two  Justices  who  have  exclusive  juris- 
diction over  cases  which  involve  offenses  against  the  ordin- 
ances of  the  city  when  the  fine  to  be  imposed  does  not  exceed 
two  hundred  dollars,  or,  imprisonment  for  three  months, 
(R.  S.,  Sec.  1657.)  This  office  is  filled  by  appointment  from 
the  mayor  of  the  city.  Every  precinct  in  each  county  has  a 
Justice  of  the  Peace.  The  county  commissioners  decide  how 
many  voting  precincts  there  shall  be  over  which  a  Justice  of 
the  Peace  shall  have  jurisdiction,  (R.  S.,  Sec.  4316.)  These 
Justices  have  authority  in  their  precincts  over  all  civil  ac- 

*In  so  far  as  the  same  is  of  a  general  nature  and  not  local  to  England 
\  Blackstone. 


128  THE    GOVERNMENT    OF    WYOMING. 

tions,  or  cases  concerning  the  rights  or  wrongs  of  individ- 
uals, where  the  amount  in  dispute  does  not  exceed  two  hun- 
dred dollars.    (R.  S.,  Sec.  4323.)    The  next  higher  court  is 
the  District  Court  of  which  there  are  four  in  the  State.    (R. 
S.,  Sec.  3295.)    The  highest  and  last  court  in  the  State  is  the 
Supreme  Court,  consisting  of  three  judges.     The  decisions 
of  this  court  are  final  except  in  cases  wherein  a  Federal  or 
National  question  is  involved,  when  an  appeal  lies  to  the 
United  States  Supreme  Court,  as  provided  in  the  Constitu- 
tion of  the  United  States,  (U.  S.  Const.,  Art.  III.,  Sec.  2.) 
A  wrong  is  a  violation  of  the  law.    The  courts  determine 
if  the  law  has  been  violated  and  decide  what  the  punishment 
shall  be.     A  wrong  in  the  eyes  of  the  law  is  either  civil  or 
criminal.     When  a  suit  is  brought  against  an  offender  for 
the  protection  or  enforcement  of  a  private  right,  it  is  a  civil 
action.     If  a  wrong  had  been  committed  which  affects  the 
security  of  the  general  public  it  is  a  criminal  case.    The  party 
who  received  the  injury  is  called  the  plaintiff  and  the  one 
who  does  the  wrong  the  defendant.     In  a  civil  case  the  first 
step  to  be  taken  in  order  to  secure  justice  before  the  law 
is  for  the  plaintiff  to  file  a  complaint  or  information  before 
the  Justice  of  the  Peace  or  some  judicial  officer.     This  is  a 
written  statement  setting  forth  the  facts  as  to  what  has  been 
done  to  the  one  injured  and  asking  the  court  for  damages 
or  to  receive  a  judgment.     The  defendant  is  summoned  to 
appear  in  the  court  and  answer  the  charges.     Plaintiff  and 
defendant,  generally,  appear  with  their  attorneys  who  con- 
duct the  case  for  them.    In  civil  cases  the  defendant  may  file 
a  demurrer,  which  is  a  statement  as  to  some  irregularity  of 
the  law,  or  that  the  plaintiff  has  not  shown  sufficient  matter 
against  him.     Finally  after  several  cross  and  counter  claims 
made  by  each  side,  both  parties  to  the  suit  settle  down  to  a 
single,  definite  point,  which  is  affirmed  by  the  plaintiff  and 
denied  by  the  defendant.     This  is  called  the  issue  and  on 
this  the  case  is  tried  on  its  merits  before  the  court  authorities. 


THE    ADMINISTRATION     OF    AFFAIRS.  129 

While  the  case  is  tried  before  the  Judge  or  Justice  who  acts 
as  the  presiding  officer,  it  is  the  jury  who  gives  the  verdict 
for  the  defendant  or  the  plaintiff.  This  jury  is  composed  of 
six  men  in  courts  of  the  Justices  of  the  Peace,  and  twelve 
men  in  the  District  Courts  chosen  to  try  the  case.  Each 
side  is  allowed  a  number  of  challenges  of  the  jurors.  Either 
side  may  believe  a  juror  would  not  give  a  fair  or  impar- 
tial decision ;  that  he  was  biased,  prejudiced  or  interested  in 
the  case.  This  juror  is  rejected  and  another  one  is  substi- 
tuted, until  the  number  of  challenges  of  each  side  is  ex- 
hausted. In  criminal  cases  the  law  presumes  that  the  de- 
fendant is  innocent  until  proven  guilty  beyond  a  reasonable 
doubt;  but  in  civil  cases  the  plaintiff  proves  his  case  by  a 
preponderance  or  weight  of  the  evidence  only.  Hence  the 
burden  of  the  proof  rests  on  the  plaintiff.  The  one  bringing 
the  suit  must  prove  that  the  alleged  wrong  was  really  com- 
mitted by  the  accused.  The  evidence  to  sustain  the  de- 
fendant's guilt  or  wrong  is  given  by  the  plaintiff  and  his 
witnesses.  The  defendant  answers  these  charges  and  in 
time  has  his  witnesses  to  support  his  statements.  After  all 
of  the  evidence  is  submitted  the  attorney  for  each  side 
argues  the  case  before  the  jury  that  the  evidence  of  the  case 
is  on  his  side  and  for  his  client,  and  he  is  entitled  to  a  ver- 
dict in  his  favor.  When  the  evidence  is  all  in  and  the  argu- 
ments of  the  counsel  have  been  made,  the  judge  instructs 
or  charges  the  jury  as  to  the  rules  of  law  which  are  to  gov- 
ern them  in  arriving  at  their  conclusion  in  their  verdict.  The 
judge  states  the  law  correctly,  clearly  and  completely  so 
that  the  jurors  may  properly  apply  the  evidence  and  decide 
in  accordance  with  the  law  the  points  that  are  at  issue.  In 
secret  the  jury  deliberates.  When  they  come  to  an  unani- 
mous conclusion  they  return  to  the  court  room  and  give  their 
written  decision.  This  is  the  verdict.  Sometimes  the  jury 
cannot  agree  and  no  verdict  can  then  be  given.  When  this 
is  the  case  the  jury  is  discharged  by  the  court  and  a  new 


130  THE     GOVERNMENT    OF    WYOMING. 

trial  can  be  called  before  a  new  jury.  Following  the  verdict 
comes  the  judgment  of  the  court,  which  is  a  sentence  of  the 
law.  If  it  is  a  case  that  cannot  be  appealed  to  a  higher 
court,  and  if  no  appeal  is  taken  the  judgment  is  executed 
by  the  sheriff  or  other  officer  carrying  out  the  decision  of  the 
court.  If  the  execution  is  against  the  body  of  the  accused 
he  is  placed  in  prison,  if  it  is  against  his  personal  property, 
he  must  compensate  the  party  winning  the  suit  for  the  injury 
given.  When  an  injury  is  done  to  some  one  which  not  only 
injures  him  but  injures  the  community,  in  which  the  wrong 
was  committed,  it  is  no  longer  called  a  wrong,  but  a  crime, 
and  is  a  deed  which  the  public  punishes  in  its  own  name. 
Private  wrongs  are  prosecuted  by  the  person  injured ;  pub- 
lic wrongs  are  prosecuted  by  the  State;  (the  term  "State"  is 
used  to  mean  "organized  society  acting  through  govern- 
ment.") 

A  crime  is  an  act  which  violates  some  law  that  affects  the 
public  and  can  be  punished  by  the  State  which  prosecutes 
the  offender  in  its  own  name.  Crimes  in  this  State  are 
divided  into  two  classes :  felonies  and  misdemeanors. 

Felonies  are  those  offenses  which  are  punished  by  death 
or  imprisonment  in  the  penitentiary ;  misdemeanors  are  all 
other  offenses.  (R.  S.,  Sec.  5191.)  Misdemeanors  are  pun- 
ished by  fines  or  imprisonment  in  the  county  jail  or  both. 

The  first  step  in  a  criminal  action  is  the  arrest  of  the  per- 
son believed  to  be  guilty  of  the  crime.  This  is  done  by  an 
officer  of  the  law  who  must  have  a  written  warrant  from  the 
court  stating  the  name  of  the  offender  and  the  name  of  the 
crime  which  he  is  accused  of  having  committed.  One 
committing  a  crime  in  the  presence  of  an  officer  can  be  ar- 
rested without  a  warrant.  If  an  offender  escapes  to  another 
State,  the  Governor  of  the  State  in  which  the  crime  was 
committed  issues  a  requisition  on  the  Governor  of  the  State 
where  the  offender  has  gone,  asking  that  he  be  surrendered 
or  given  over  to  the  proper  authorities.  The  offender  is 


THE    ADMINISTRATION     OF    AFFAIRS.  131 

called  the  principal  and  those  assisting  him  before  or  after 
the  crime  are  accessories  and  are  liable  to  punishment.  If 
the  offense  committed  is  a  minor  one  the  offender  is  tried 
at  once  before  the  proper  courts  in  the  county  in  which  the 
crime  was  committed  and  the  fine  or  imprisonment  is  made 
by  the  court  having  jurisdiction  over  the  case.  If  it  is  an 
offense  of  greater  importance  the  arrested  person  is  given 
a  hearing  or  examination  before  the  Judge  or  Justice  of  the 
Peace,  called  a  preliminary  hearing,  when  witnesses  are 
heard  upon  the  charge  or  complaint  unless  the  accused 
waives  the  examination.  If  there  is  not  sufficient  evidence 
to  justify  a  criminal  charge  the  prisoner  is  discharged.  If 
there  is  sufficient  evidence  against  him  he  is  placed  in  the 
jail  awaiting  his  trial,  or  given  his  liberty  on  bail;  that  is, 
some  person  guarantees  a  certain  sum  of  money  demanded 
by  the  court  that  the  offender  will  appear  in  person  in  the 
court  when  the  trial  is  to  take  place.  Should  the  offender 
fail  to  appear  and  cannot  be  found,  the  amount  of  money 
guaranteed  must  be  paid  the  State  by  those  who  pledged 
the  amount.  Excessive  bail,  in  order  to  keep  the  prisoner 
in  jail,  cannot  be  required,  (Const.,  Art.  i,  Sec.  14.)  In 
capital  crime,  which  is  punishable  by  death,  bail  cannot 
be  given  when  the  proof  is  evident  or  the  presumption  great. 
Every  prisoner  who  may  think  that  he  is  illegally  held  has 
the  right  of  ''habeas  corpus,"  which  permits  him  to  have  the 
legality  of  his  imprisonment  determined,  (Const.,  Art.  I,  Sec. 
17.)  All  crimes,  misdemeanors  or  offenses  in  this  State  are 
prosecuted  either  on  an  indictment  or  on  information.  (R. 
S.,  Sec.  5189.)  Indictments  come  from  accusations  by  the 
grand  jury  and  information  comes  from  the  prosecuting  at- 
torney or  the  attorney  who  is  acting  for  the  legal  district  in 
which  the  crime  was  committed.  The  accused  is  brought  be- 
fore the  court  and  the  crime  of  which  he  is  accused  is  read  to 
him.  He  then  enters  a  plea  of  guilty  or  not  guilty.  If  he 
pleads  guilty  he  is  usually  sentenced  for  the  offense  with- 


182  THE     GOVERNMENT     OF    WYOMING. 

out  further  action  of  law.  If  he  pleads  not  guilty  he  is 
tried  before  a  jury.  If  the  prisoner  is  not  able  to  pay  an 
attorney  to  defend  him,  then  the  State  grants  him  one  at 
the  expense  of  the  county.  The  State  has  to  prove  that  the 
prisoner  is  guilty  beyond  a  reasonable  doubt.  The  trial 
proceeds  much  the  same  as  in  civil  cases.  If  the  arrested 
party  is  pronounced  not  guilty  by  the  jury  he  can  never  be 
tried  again  for  the  supposed  offense.  (Dec.  R.,  Sec.  n.)  If  he 
is  pronounced  guilty  he  has  an  opportunity,  through  his  at- 
torney, to  make  a  motion  for  a  new  trial  on  the  ground  of 
some  supposed  irregularity  in  the  law.  If  the  court  refuses 
to  grant  a  new  trial  the  judge  pronounces  the  sentence  or 
punishment  which  he  believes  the  law  requires.  The  law 
in  most  cases  gives  the  judge  some  discretion  as  to  the  exact 
punishment  to  be  given.  There  is  a  maximum  and  a  mini- 
mum punishment.  It  may  be  from  five  to  twenty-five  years, 
or  five  hundred  to  a  thousand  dollars,  or  it  may  be  both  im- 
prisonment and  fine.  The  Judge  can  decide  whether  the 
punishment  will  be  the  "utmost  limit  of  the  law,"  and  he  may 
exercise  his  judgment  and  give  a  light  punishment,  the 
lowest  fixed  by  law. 

There  is  one  more  chance  for  the  accused  in  that  he  may 
appeal  to  the  higher  court  on  an  error  in  the  proceedings, 
which  is  an  asking  on  appeal  for  an  examination  by  the 
higher  court  of  the  proceedings  in  the  case  which  he 
believes  contain  some  irregularity  and  illegality  of  the  law. 
The  higher  court,  if  the  case  is  allowed  to  go  there,  reviews 
the  case  and  either  affirms  or  reverses  the  decisions  of  the 
lower  court.  The  decision  or  judgment  of  the  lower  court, 
if  affirmed,  is  put  into  execution  and  the  offender  pays  the 
penalty  as  prescribed  by  law,  and  if  reversed,  the  defendant 
is  granted  a  new  trial.  Often  the  prisoner  is  tried  in  another 
county  than  the  one  in  which  the  crime  was  committed,  ob- 
taining a  change  of  venue  or  place  of  trial,  because  he  be- 
lieves, and  so  convinces  the  court  by  proof,  that  he  cannot 


THE    ADMINISTRATION    OF    AFFAIRS.  133 

obtain  a  fair  trial  in  the  county  where  the  offense  was  sup- 
posed to  have  been  committed. 

The  people  elect  the  judge  to  decide  the  points  of  law  and 
to  administer  justice,  yet  the  jury  system  gives  to  the  people 
much  authority  in  the  judicial  department.  A  trial  by  jury 
can  be  waived  by  consent  of  both  parties  to  the  legal  con- 
test in  civil  cases.  (R.  S.  Sec.  3659.)  The  Legislature  can 
never  deprive  the  citizens  of  the  State  of  this  inherent  right 
of  jury  trial.  It  is  a  Constitutional  provision.  (Dec.  R., 
Sec.  9.) 

The  necessity  for  good  government  and  wise  and  careful 
administration  of  the  laws  as  given  to  us  by  our  Judges  must 
not  be  overlooked.  The  Constitutional  requirements  for  a 
Judgeship  are  safeguards.  The  selection  of  the  individuals 
rests  with  the  people.  Wyoming  has  been  singularly  fortu- 
nate in  the  selection  of  her  interpreters  of  the  laws.  Lynch 
law,  force  and  violence  are  resorted  to  when  a  fear  has 
grounded  itself  in  the  minds  of  the  people  that  justice  will 
not  be  speedily  given  to  the  offenders ;  that  technicalities  will 
exempt  the  offenders  and  the  real  law  will  not  punish.  * 

The  law  can  be  no  better  than  a  community.  If  the  people 
of  the  State  did  not  desire  law  and  order  our  Statute  books 
might  be  filled  with  ideal  laws  but  they  would  be  of  no 
avail  without  the  endorsement  of  the  people.  The  people 
elect  all  the  officers  of  the  law  and  the  officers,  with  their 
official  acts,  are  an  expression  of  those  who  put  them  into 
office.  Law-abiding  people  make  law-abiding  officers.  A 
knowledge  of  what  the  law  requires  is  the  duty  of  each 
citizen  in  order  to  make  obedience  of  the  law  possible. 


*  We  have  two  cases  of  recent  date  in  our  district  courts  where  within  seventeen 
hours  from  the  time  the  crime  was  committed  the  criminal  had  his  trial,  received  sen- 
tence and  was  on  his  way  to  the  penitentiary.  In  another  case,  forty-eight  hours  only 
were  allowed  to  elapse  between  the  crime  and  a  commencement  of  a  fourteen  years' 
sentence  in  the  penitentiary. 


134  THE     GOVERNMENT     OF    WYOMING. 


QUESTIONS. 

1.  Who   are   the  members   of  the   Supreme   Court?     Who   is 
Chief  Justice?     How  did  he  acquire  his  title? 

2.  Would  it  be  better  to   have,  the  Judges   appointed  rather 
than  elected?     Why? 

3.  Who  are  the  District  Judges?    What  is  their  term  of  office? 
Name  the  District  Judges.    Which  one  presides  in  your  district? 

4.  What  safeguards   are  there   in  the   State   Constitution   for 
the  rights  of  the  accused  person? 

5.  How    is    the    petit    jury    chosen?      May    women    serve    as 
jurors? 

6.  Are  there  any  women  Justices  of  the  Peace  in  this  State? 

7.  Has    the    grand    jury    ever    been    called    in    your    county? 
Why? 

8.  What   is   a   civil   case?     A  criminal   case? 

9.  Why  does  the  State  act  as  plaintiff  in  criminal  cases? 

10.  What  does  the  term  "law-abiding  citizen"  mean?     How 
can  they  help  in  promoting  good  government? 

REFERENCES. 

Wyoming,   Journal    and    Debates   of   the    Constitutional    Con- 
vention, pp.  330,  338,  478,  495,  514,  533. 

Blackstone,  Abridged   Commentaries. 

Foster,  First  Book  of  Practice. 

Wyoming  Revised  Statutes,   1899,   Court  of  Justice  and   Civil 
Procedure,    Sees.    3280-3987. 

Morey,  The   Government  of  New  York,   Ch.  VIII. 

James    and    Sanford,    Government    in    the    State    and    Nation, 
Ch.  VII. 

MacDonald,  The   Government  of  Maine,   Ch.  VII. 

Kellogg  and  Taylor,  The   Government  of  the  State  and  Na- 
tion,  Ch.  XII. 

Hinsdale,  The  American   Government,  pp.   301-322. 

Robinson,  Elementary  Law. 

Visit  a  court  when  a  trial  is  in  progress. 


CHAPTER    XVIIT. 
ELECTIONS. 

The  people  of  Wyoming  are  the  State  and  control  it. 
They  have  made  it  what  it  is.  They  chose  those  who  fill  the 
offices  of  government.  The  kind  of  government  given  the 
State  depends  on  the  people  who  made  the  choice.  If  the 
selection  is  left  to  a  few,  then  a  few  govern.  At  the  polls 
there  is  absolute  equality.  The  vote  of  the  highest  official 
in  the  State  has  no  more  force,  power  or  authority  than  one 
cast  by  the  humblest  laborer.  This  is  all  that  is  meant 
when  we  say  the  will  of  the  people  is  expressed  in  the  bal- 
lot-box. If  you  fail  to  do  your  part  in  the  government  of 
affairs,  some  one  else  will  do  it  for  you.  It  is  useless  to 
enter  a  tirade  against  the  politician  after  election.  Reforms 
can  never  be  accomplished  through  this  method.  The  back- 
bone of  good  government  is  the  interest  that  the  respectable 
and  intelligent  voter  takes  in  the  nomination  of  candidates. 
This  can  only  be  accomplished  by  attending  the  first  meet- 
ings of  the  political  party  called  to  take  steps  toward  an 
election.  The  missionary  work  in  politics  must  commence 
at  the  caucus  or  primary.  These  primary  elections  resemble 
the  town  meeting  where  all  of  the  legal  voters  are  repre- 
sented in  person  and  have  a  voice.  It  is  the  only  political 
meeting  where  all  have  a  personal  representation  and  where 
all  can  take  part  and  exercise  direct  influence.  When  this 
meeting  is  ended  the  management  of  the  election  is  in  the 
hands  of  the  committees  and  delegates  chosen  by  the  caucus, 
or  primary.  Political  machines  are  a  good  thing,  if  man- 
aged by  a  proper  class  of  men.  They  are  equally  demoral- 
izing when  controlled  by  corrupt  politicians.  A  political 
boss  is  a  political  leader  acting  through  strong  organiza- 
tion and  controlling  the  machinery  of  the  government.  He 
controls  the  nomination  of  candidates  for  office  and  dictates 
who  shall  fill  the  appointive  offices.  Nothing  prevents  him 


136  THE     GOVERNMENT     OF    WYOMING. 

and  his  followers  from  being  present  at  the  primaries.  If 
the  reformer  would  commence  as  early  as  his  opponent  in 
his  organization  for  reform,  the  chances  of  success  would 
be- more  than  doubled.  Complete  and  systematic  organiza- 
tion is  necessary  for  party  success.  Party  action  is  also  a 
necessity.  It  not  only  enables  the  politicians  to  formulate  a 
definite  policy  which  is  to  appeal  to  the  voters,  but  acts  in 
addition  as  a  check  on  the  similar  organizations  and  detects 
irregularities  and  frauds. 

The  two  reforms  which  insure  an  honest  expression  of 
the  wishes  of  the  people  at  the  polls  are  the  system  of  regis- 
tration and  the  Australian  ballot  system.  Registration  pre- 
vents illegal  voting.  All  persons  who  claim  they  have  a 
right  to  vote  at  a  coming  election  must  register  their  names 
and  addresses  before  a  board  appointed  by  the  County  Com- 
missioners of  the  district  in  which  they  expect  to  vote.  An 
alphabetical  list  is  made  of  all  of  these  persons  registered, 
and  in  large  precincts  is  posted  publicly  where  it  may  re- 
ceive inspection.  This  list  is  carefully  examined  by  the 
leaders  of  both  parties  and  plenty  of  time  is  given  to  check 
on  the  list  and  see  if  only  those  who  are  entitled  to  vote  are 
registered.  (R.  S.,  Sees.  249-259.)  This  method  prevents 
the  same  person  from  voting  more  than  once,  as  he  can  only 
vote  in  the  precinct  where  he  is  registered  and  when  he  has 
voted  his  name  is  checked  on  the  list  by  the  election  officers. 

The  Australian  ballot  system  is  used  in  every  State  ex- 
cept five.  This  is  called  the  secret  ballot  system  and  origi- 
nated in  Australia  in  1857.  Not  only  may  the  voting  be  se- 
cret, but  it  must  be.  Secrecy  is  compulsory,  and  any  one 
showing  his  ballot  after  it  is  marked  and  before  handing  it 
to  one  of  the  judges  of  election  is  subject  to  imprisonment 
of  six  months  in  jail,  or  a  fine  of  not  exceeding  five  hun- 
dred dollars  or  both.  (R.  S.,  Sec.  318,  divs.  15  and  22.) 
All  the  States  do  not  have  the  same  requirements  for  the 
qualification  of  voters.  Only  five  of  the  States  require 


THE    ADMINISTRATION    OF    AFFAIRS.  137 

property  qualifications.  Connecticut,  Massachusetts,  Maine, 
Wyoming,  Delaware  and  California  require  educational 
qualifications.  The  four  States  in  the  South,  Mississippi, 
Alabama,  South  Carolina  and  Virginia,  require  the  voter  to 
read  or  understand  any  special  section  of  the  Constitution. 
Some  States  require  a  poll  tax,  Wyoming  does  not.  (R.  S., 
Sec.  387.)  Utah  and  Idaho  make  religious  qualifications.  Po- 
lygamy, which  is  claimed  to.be  a  part  of  religion,  is  pro- 
hibited in  these  State  Constitutions.  Some  few  States  re- 
quire a  property  qualification,  but  this  requirement  is  being 
abandoned.  Every  State  makes  residence  in  the  State  one 
of  the  requirements  necessary  for  voting.  Most  of  the 
States  require  residence  of  one  year.  Wyoming  grants  the 
right  of  suffrage  to  every  citizen  over  twenty-one  years  of 
age  who  has  been  an  actual  resident  of  the  State  for  one 
year  and  has  lived  in  the  county  in  which  he  wishes  to  vote 
at  least  sixty  days  just  prior  to  the  election  and  who  is  able 
to  read  the  Constitution  of  the  State.  (R.  S.,  Sec.  203.) 
The  exceptions  to  this  privilege  are  those  who  are  of  un- 
sound mind,  those  who  have  been  convicted  of  any  felony 
and  to  whom  the  civil  rights  have  not  been  restored  by  par- 
don, and  also  those  who  have  made  or  become  interested  in 
any  bet  depending  upon  the  results  of  the  election.  (R.  S., 
Sec.  379.)  Hence  the  election  franchise  is  denied  to  minors, 
insane,  criminals,  illiterate  and  non-residents.  Wyoming, 
Colorado,  Idaho  and  Utah  grant  women  the  right  of  suf- 
rage.  Washington  as  a  territory  granted  this  right,  but  it 
was  not  included  in  the  State  Constitution.  Colorado  did 
not  have  universal  suffrage  in  her  first  Constitution ;  it  was 
adopted  as  an  amendment.  In  Kansas  the  women  have  muni- 
cipal suffrage.  Iowa  and  Montana  allow  the  women  to  vote  on 
financial  questions,  and  many  States  grant  equal  suffrage  on 
educational  questions.  The  first  step  toward  an  election  is  the 
call  for  a  primary  or  first  meeting  of  those  who  are  inter- 
ested in  the  success  of  a  ^peHal  political  party.  This  call 


138  THE     GOVERNMENT     OF    WYOMING. 

is  printed  in  the  papers  and  signed  by  the  officers  of  the 
political  organization  calling  the  meeting.  At  this  meeting 
delegates  are  elected  to  attend  a  convention  where  nomina- 
tions are  made  for  the  offices  to  be  filled.  If  the  election  is 
to  be  for  State  officers,  the  convention  contains  delegates 
from  all  the  counties  of  the  State.  If  the  nominations  are 
for  county  offices  the  delegates  meet  in  a  county  convention, 
and  if  the  election  is  for  city  offices  the  several  wards  are 
represented  by  delegates  in  city  convention.  All  of  these 
nominations  are  made  some  time  before  the  time  of  election 
of  those  who  are  to  fill  the  positions.  At  these  conventions, 
particularly  State  conventions,  the  delegates  put  in  written 
form  for  publication  a  statement  of  what  the  politics  of  the 
party  they  represent  stand  for;  setting  forth  its  doctrines 
and  making  pledges  to  the  people  of  the  State,  if  the  ticket 
containing  their  candidates  is  elected.  This  statement  is 
called  the  platform  of  the  party.  The  campaign  is  usually 
made  on  the  issues  as  stated  in  the  platform.  The  interval 
between  the  time  of  the  nominations  and  the  elections  gives 
the  opposing  parties  opportunity  to  appeal  to  the  voter  for 
his  support.  Not  only  are  speeches  made  by  the  politicians, 
but  literature  is  widely  distributed  containing  arguments 
which  are  used  to  convince  the  public  of  the  importance  of 
the  success  of  the  party  soliciting  the  votes.  The  County 
Commissioners  appoint  two  registration  agents  for  each 
elective  district  in  which  prior  registration  is  required.  Reg- 
istration is  required  in  all  towns  incorporated,  and  in  elective 
districts  located  on  a  line  of  railway  where  at  least  one  hun- 
dred votes  were  cast  at  the  last  election.  (R.  S.,  Sec.  249.) 
The  other  localities  must  register  their  voters  on  election 
day  when  application  is  made  to  vote.  (Sec.  274.)  If  a 
voter  who  is  required  to  register  was  detained  by  sickness 
or  otherwise  prevented  from  registering  at  the  proper  time 
before  the  election  he  is  allowed  to  vote  upon  filing  an  affi- 
davit with  the  judges  of  election,  supported  by  two  wit- 


THE    ADMINISTRATION    OF    AFFAIRS.  139 

nesses,  that  he  was  unable  to  register  as  required  by  law. 
(Sec.  327.)  A  printed  list  is  made  of  all  the  regularly  reg- 
istered voters  and  posted  for  inspection  and  correction. 
This  list  is  kept  by  the  judges  of  election  and  from  this 
they  judge  whether  the  applicants  to  vote  are  legally  enti- 
tled to  that  right.  Each  precinct  has  a  place  where  all  of 
the  residents  of  that  locality  vote.  This  is  called  the  polling 
place  or  election  booths.  There  are  as  many  of  these  places 
as  are  necessary  and  convenient  for  the  voters.  At  this  place 
are  three  judges  who  are  appointed  by  the  County  Commis- 
sioners, not  more  than  two  of  whom  can  be  of  the  same  po- 
litical party.  These  judges  select  two  clerks  who  assist 
them  during  the  election  and  in  the  counting  of  the  ballots. 
Election  officers  have  much  to  do  with  the  successful  inde- 
pendent voting,  and  their  integrity  and  honesty  should  be- 
above  suspicion.  Candidates  may  be  nominated  for  office 
outside  of  the  conventions.  This  method  requires  the  signa- 
tures of  at  least  100  voters  if  the  office  which  the  candidates 
seek  is  to  be  filled  by  the  entire  vote  of  the  State,  or  by 
twenty-five  when  it  is  a  county  office.  All  nominations  made 
for  office  for  proposed  constitutional  amendments  and  ques- 
tions submitted  to  popular  vote  must  be  certified  to  by  the 
officers  of  the  conventions  and  filed  with  the  proper  authori- 
ties ;  nominations  for  State  offices  must  be  filed  with  the 
Secretary  of  State,  and  for  county  offices,  including  members 
of  the  Legislature,  with  the  county  clerks. 

The  general  election  in  the  State  is  held  on  the  Tuesday 
after  the  first  Monday  in  November  in  the  even  numbered 
years.  Every  four  years  after  1900  at  the  general  election 
there  will  be  elected  the  presidential  electors  to  which  the 
State  may  be  entitled.  (Sec.  196.)  The  State  officers,  in- 
cluding the  Governor,  Secretary  of  State,  Auditor,  Treas- 
urer, State  Superintendent  of  Public  Instruction,  are  elected 
every  four  years  after  the  year  nineteen  hundred  and  two. 
If  a  vacancy  occurs  in  any  State  office  within  two  years 


140  THE     GOVERNMENT     OF    WYOMING. 

after  the  office  was  filled,  an  election  takes  place  to  fill  the 
office  at  the  time  of  the  general  election,  held  when  the 
Presidential  electors  are  elected.  (Sec.  195.)  Justices  of 
the  Supreme  Court  and  District  Judges  are  elected  at  either 
general  election  which  precedes  the  expiration  of  their  re- 
spective terms.  (Sees.  200,  201.)  At  each  general  election, 
every  two  years,  the  following  county  and  precinct  officers 
are  elected  by  the  votes  in  their  respective  counties  and  pre- 
cincts :  The  Clerk,  Commissioners,  Surveyor,  Sheriff,  Treas- 
urer, Prosecuting  Attorney,  Superintendent  of  Schools, 
Coroner,  and  in  counties  of  the  first  class  Clerks  of  the  Dis- 
trict Court,  Justices  of  the  Peace,  and  Constables.  (Sec. 
202.)  There  are  also  elected  at  each  general  election  a 
Representative  to  Congress  and  members  of  our  State  Leg- 
islature from  each  county.  (Sec.  195.)  In  some  of  the 
cities  of  the  State  which  were  incorporated  under  a  special 
charter,  the  election  of  Mayor  and  Councilmen  takes 
place  at  the  same  time  as  the  general  election.  The  term  of 
the  Mayor  and  Councilmen  is  for  two  years,  hence  the  mu- 
nicipal election  is  held  at  every  general  election.  There  are 
thus  elections  when  the  electors  of  the  State  vote  for 
national,  State,  county  and  municipal  candidates.  On  elec- 
tion day,  when  the  voter  presents  himself  at  the  polling 
place  of  his  precinct,  he  is  given  an  official  ballot  printed  on 
white  paper.  This  is  handed  to  him  by  one  of  the  judges 
of  election,  the  official  stamp  appearing  on  the  back  of  the 
ballot.  This  ballot  is  taken  to  the  booth  or  stall :  there  the 
voter  designates  on  the  ballot  by  a  cross (X)  the  candi- 
dates he  wishes  to  be  elected.  These  ballots  contain  a  list 
of  all  of  the  nominated  candidates  for  all  of  the  offices  and 
also  the  proposed  Constitutional  amendments  or  public 
questions.  All  of  the  political  parties  casting  10  per  cent  of 
the  votes  in  the  State  at  either  of  the  last  two  general  elec- 
tions are  entitled  to  a  separate  column  on  this  ballot  in 
which  to  place  their  party  nominations.  The  columns  are 


THE    ADMINISTRATION    OF    AFFAIRS.  141 

headed  with  the  party  name,  as  "Republican"  or  "Demo- 
crat." If  one  wishes  to  vote  a  straight  party  ticket  he  places 
his  "cross  mark"  or  an  X  in  a  small  square  below  the  party 
name  at  the  head  of  the  ticket.  If  he  wishes  to  vote  for  his 
party  ticket,  with  a  few  exceptions,  he  places  the  cross  as 
before  and  erases  the  name  of  each  candidate  for  whom  he 
does  not  wish  to  vote.  If  he  desires  to  vote  for  candidates 
of  some  other  party  for  these  offices  so  erased,  he  places  a 
cross  to  the  right  of  the  names  in  the  other  column,  or  other 
political  party.  This  is  called  a  "scratched  ticket."  If  he 
wishes  to  vote  for  some  one  not  named  by  any  of  the  par- 
ties, he  may  place  in  writing  for  the  name  he  erases  another 
name.  There  is  nothing  to  prevent  a  voter  from  writing  on 
his  ballot  the  name  of  any  person  for  whom  he  desires  to 
vote  for  any  office.  (Sec.  289,  Div.  10,  Sec.  321.)  No  one 
is  permitted  to  assist  the  voter  in  preparing  his  ballot,  unless 
physically  unable  to  write.  In  that  case  two  of  the  election 
judges  may  do  the  marking  in  accordance  with  the  voter's 
directions.  (Sec.  328.)  The  Constitutional  amendments 
are  voted  upon  by  the  words  "yes"  or  "no"  being  placed 
after  the  proposed  amendment.  The  elector  may  take  a  sam- 
ple ballot  into  the  voting  booth  with  him  to  assist  him  in 
marking  his  ballot,  but  the  same  must  be  marked  "sample 
ballot"  and  be  printed  on  red,  green  or  blue  paper. 

The  elector  folds  his  ballot  so  that  the  stamp  of  the 
judge  which  was  placed  on  the  back  can  be  seen  by  the 
judges  when  it  is  placed  in  the  locked  ballot-box.  Thus  the 
ballot  is  cast  and  the  vote  has  been  made.  This  is  the  Aus- 
tralian ballot  system.  No  one  can  dictate  how  the  ballot 
shall  be  marked  and  know  that  his  dictations  are 
carried  out.  No  one  can  buy  a  vote  and  be  sure 
that  the  elector  voted  as  he  promised.  Without  this  system 
ballots  could  be  prepared  by  men  who  are  interested  in  the 
election  of  certain  individuals  and  placed  in  the  hands  of  the 
electors,  to  be  dropped  in  the  ballot-box  without  the  slight- 


142  THE     GOVERNMENT     OF    WYOMING. 

est  knowledge  on  the  part  of  the  voter  for  whom  the  votes 
were  being  cast.  The  secret  ballot  system  robs  the  political 
machinery  of  its  monopoly  and  avoids  the  dictation  of  the 
employer  to  the  employed.  With  the  Australian  system  every 
candidate  has  an  equal  chance,  coercion  ceases  and  the  ballot 
is  in  reality  a  "free  and  honest  expression  of  the  conviction? 
of  every  citizen." 

QUESTIONS. 

1.  What  is  the  Australian  Ballot  system?     What  are  its  ad 
vantages? 

2.  Is  fraud  prevented  by  registration? 

3.  What  are  the  qualifications  for  an  elector? 

4.  What  is  a  primary?     A  State  convention? 

5.  What  is  a  ballot? 

6.  Were   any   State   elections    ever   held   by  voting  by  voice 
rather  than  by  ballot? 

7.  What  is  the  object  in  having  the  official  ballot  white  and 
the  sample  ballots  colored? 

8.  May  an  election  be  held  in  a  saloon? 

9.  Define   a   general   election. 

10.  What  are  the  duties  of  a  Presidential  elector?    How  many 
times  have  they  been  elected  in  this  State? 

11.  Who  votes  for  State  officers?     For  County  officers?    For 
members   of  the   Legislature? 

12.  Give  a  list  of  County  officers  and  name  those  who  occupy 
the  positions  in  your  county. 

13.  What  is  the  difference  between  a  majority  and  a  plurality? 

14.  Does   a  government  of  the  minority  exist  in   the   State? 
Why? 

15.  Is   an   educational   qualification   for   voters   better  than   a 
property  one? 

16.  State  a  reason  why  aliens  should  not  vote? 

REFERENCES. 

Wyoming  Revised  Statutes,  1899,  Sees.  165-169,  195-420. 
Hinsdale,  The  American  Government,  Ch.  LIV. 
Hart,  Actual  Government,  Ch.  IV. 
Ashley,  The  American  Federal  State,  Ch.  XXII. 


THE    ADMINISTRATION    OF    AFFAIRS.  143 

MacDonald,  The  Government  of  Maine,  Ch.  VI. 
Morey,  The  Government  of  New  York,  Ch.  V. 
Kellogg  and  Taylor,  The  Government  of  the  State  and  Na- 
tion, Ch.  XIII. 

James  and  Sanford,  Government  in  State  and  Nation,  Ch.  V. 
Hart,  Practical  Essays  on  American  Government,  Ch.  II. 
Bluntschli,  The  Theory  of  the  State,  Ch.  XXII. 
Bryce,  The  American  Commonwealth,  Vol.  II,  Ch.  LI II. 
Wilson,  The  State,  Sees.  1121,  1143,  1144. 


CHAPTER    XIX. 
EDUCATION  AND  SCHOOL  LAWS. 

Free  education  in  Wyoming  extends  from  the  kinder- 
garten to  the  university ;  from  the  age  when  blocks  and 
bright  colors  hold  the  attention  of  the  little  one  to  the  age 
when  cap  and  gown  and  diploma  announce  that  college  edu- 
cation is  completed.  The  course  of  instruction  given  by  the 
State  covers  a  continuous  period.  No  private  instruction  is 
required  to  take  the  successive  steps  from  primary  room, 
through  the  grades,  the  high  school  and  the  university.  The 
schools  are  sustained  and  supported  at  the  expense  of  the 
State  and  the  National  government.  The  source  of  revenue 
is  derived  by  taxation  and  by  rents  and  sale  of  the  school 
lands.  The  tax  is  paid  by  the  people  of  the  State  and  the 
lands  were  a  donation  from  the  government. 

The  basis  of  our  endowment  for  our  public  schools  dates 
back  to  1785,  when  a  provision  was  made  for  surveying  and 
dividing  the  public  lands  into  townships  or  tracts  of  land 
six  miles  square,  each  containing  thirty-six  sections  one  mile 
square.  Section  sixteen  in  each  township  was  given  to  the 
States  for  common  school  purposes.  In  1848  this  gift  was 
extended  so  as  to  include  section  thirty-six.  All  of  the 
States  admitted  to  the  Union  since  1802  have  received  this 
gift  of  sections  sixteen  and  thirty-six  for  school  purposes. 
Surveys  to  locate  boundaries  of  States  and  counties  in 
States  before  the  Ordinance  of  1785  were  made  in  a  most 
irregular  way,  sometimes  following  streams,  where  when 
the  channel  changed  the  boundary  line,  the  line  would  be  in 
question,  or  by  blazing  trees,  which  when  destroyed  removed 
the  definite  location  of  the  division  line.  This  "rectangular 
system"  of  surveys  has  removed  the  uncertainty  of  the 
boundary  lines  between  the  States  and  between  private  par- 
ties. All  public  lands  are  surveyed  and  sold  by  this  system. 
Streams,  county  roads  and  farms  are  located  by  township 


THE    ADMINISTRATION    OF    AFFAIRS. 


145 


lines.  Each  section  contains  640  acres,  hence  out  of  each 
township  1,280  acres  are  set  aside  for  the  common  school 
system  of  the  State  in  which  the  township  is  located.  A 
further  division  is  made  of  each  section  which  is  subdivided 
into  halves  and  quarters. 


6 

5 

4 

3 

2 

I 

7 

8 

9 

10 

II 

\Z 

18 

17 

X 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

X 

ACKES 


320  ACKK 


60  ACKES 


A  quarter  section  of  land  contains  160  acres  and  this  is 
the  legal  subdivision  of  land  by  which  homestead  claims  are 
filed  upon  by  the  settler  when  he  wishes  to  obtain  land  from 


146  THE     GOVERNMENT     OF    WYOMING. 

the  government.*  When  Wyoming  became  a  State  she  dis- 
claimed forever  any  right  or  title  to  the  unappropriated  pub- 
lic land  within  her  boundaries.  (Const.  Ord.,  Sec.  3.)  Any 
title  that  the  State  may  have  to  land  comes  through  the  gov- 
ernment, which  has  been  generous  in  its  endow- 
ments of  acres  to  be  used  for  State  purposes.  By  Constitu- 
tional limitations  the  minimum  price  at  which  this  State 
land  can  be  sold  is  ten  dollars  per  acre.  This  is  a  wise  pro- 
vision, for  the  sales  of  the  public  school  lands  donated  to  the 
older  States  were  badly  mismanaged  and  sold  in  some  States 
at  so  low  a  price  as  to  amount  to  almost  nothing.  The  com- 
mon school  lands  in  Wyoming  embrace  3,457,999  acres. 
About  two-thirds  of  this  school  land  is  leased  or  rented. 
All  of  the  school  land  could  be  rented  if  it  were  of  a  desir- 
able kind ;  but  much  of  it  is  mountainous  and  unfit  for  graz- 
ing or  agricultural  purposes.  The  average  rent  per  year  for 
this  land  is  about  five  cents  per  acre.  The  school  lands 
rented  amounted  in  1903  to  $68,133.  The  money  derived 
from  the  sale  of  the  school  lands  cannot  be  spent,  but  must 
be  safely  invested  as  a  permanent  endowment  fund,  the  in- 
come or  interest  from  which  is  applied  to  the  common  school 
purposes.  In  addition  to  this  land  gift  in  the  State,  the 
government  also  gives  for  the  support  of  the  common  schools 
five  per  cent  of  the  proceeds  of  the  sales  made  by  the  United 
States  of  public  lands  lying  within  the  State.  In  1881  Con- 
gress granted  Wyoming  seventy-two  sections  or  46,091 
acres  of  land  to  be  used  for  university  purposes.  'When  the 
territory  became  a  State  the  provision  was  made  that  this 
land  also  could  not  be  sold  for  less  than  ten  dollars  per  acre, 
and  the  proceeds  of  the  sale  must  constitute  a  permanent 
fund,  to  be  safely  invested.  By  the  Act  of  Admission  of  the 
State  of  Wyoming  90,000  acres  of  land  were  granted  for 
the  use  and  support  of  an  Agricultural  College.  The  pro- 


*The  land  is  sold  to  the  settler  in  the  U.  S.  Land  Offices  which  are  located  at  Chey- 
enne, Evanston,  Douglas,  Lander,  Buffalo  and  Sundance. 


THE    ADMINISTRATION     OF    AFFAIRS.  147 

visions  for  the  use  and  disposal  of  this  land  are  the  same  as 
the  common  school  land. 

In  addition  to  these  land  donations  the  State  has  received 
the  following  from  the  government  for  the  establishment 
and  maintenance  of  the 

Insane  Asylum 30,000  acres 

Penitentiary,  Albany  and  Carbon 

County 60,000     " 

Fish  Hatchery   5,ooo     " 

Deaf,  Dumb  and  Blind  Asylum.   30,000     " 

Poor  Farm   10,000     " 

Hospital  for  Miners   30,000     " 

State,  Charitable,  Educational, 
Penal  and  Reformatory  Insti- 
tutions   260,000  " 

(Act.  Ad.,  Sec.  n.) 

Thirty  thousand  acres  from  the  260,000  have  been  set 
aside  by  the  Legislature  for  the  use  of  the  Soldiers  and 
Sailors'  Home  and  fifteen  thousand  acres  for  the  Miscella- 
neous State  Library.  (R.  S.,  Sees.  695,  478.)  By  an  act 
of  Congress,  passed  July  2,  1862,  each  State  was  given 
30,000  acres  of  land  for  each  Senator  and  Representative 
to  which  it  was  entitled  by  the  apportionment  in  Congress  in 
1860.  This  is  the  famous  Morrill  or  Agricultural  College 
Act  from  which  the  State  has  received  benefit  since  1890. 
This  was  the  greatest  grant  ever  given  for  the  cause  of 
education.  The  land  alloted  to  all  of  the  States  under  this 
act  amounted  to  10,110,852  acres.  The  civil  war  was  in 
progress  when  the  law  was  passed  and  provision  was  made 
for  instruction  in  military  science  in  all  agricultural  colleges 
to  be  established  under  its  provision.  It  is  for  this  reason 
that  military  science  and  tactics  are  taught  at  our  own  State 
University;  the  College  of  Agriculture  is  a  "land  grant" 
college  and  one  of  the  departments  of  the  University.  We 
have  never  sold  any  of  our  90,000  acres  acquired  under  this 


148  THE     GOVERNMENT     OF    WYOMING. 

act,  but  derive  an  annual  revenue  from  the  interest  which 
accrues  from  the  investment  of  the  money  which  was  ob- 
tained by  leasing  the  land.  Hon.  Justin  S.  Morrill  again  in- 
troduced a  bill  for  agricultural  purposes  which  became  an 
act  August  30,  1890.  This  act  gives  each  agricultural  and 
mechanical  college  established  under  the  provisions  of  the 
act  of  1862  an  additional  endowment  of  $25,000  annually. 
Some  estimate  of  the  value  of  this  Federal  gift  to  the  States 
can  be  realized  by  the  statement  that  50,026  men  and  women 
have  graduated  from  "land  grant"  colleges  and  46,699  are 
now  taking  advantage  of  education  as  given  under  the  "Mor- 
rill Act." 

For  purposes  of  research  work  in  agriculture  and  allied 
sciences  most  of  the  agricultural  colleges  receive  further  as- 
sistance through  the  Act  of  Congress  of  March  2,  1887, 
known  as  the  "Hatch  Act."  This  gives  an  annual  endow- 
ment of  $15,000  each  year  to  be  used  for  work  and  investiga- 
tion in  the  experiment  stations.  An  Experiment  Station  de- 
partment was  established  at  our  State  University  in  1891 
and  experiments  are  being  carried  on  with  a  view  of  aiding 
and  developing  agriculture,  stock  raising  and  the  related 
industries  of  the  State.  The  results  of  these  experiments  are 
published  as  bulletins  and  are  distributed  to  the  residents  of 
the  State  and  those  interested  in  these  subjects. 

This  State  is  divided  into  School  Districts.  Each  district 
is  controlled  by  a  board  of  trustees  or  directors,  members 
of  which  live  in  the  district  where  the  schools  are  located. 
In  districts  containing  less  than  one  thousand  inhabitants 
three  trustees  compose  the  governing  board  ;  districts  having 
more  than  one  thousand  inhabitants  have  six  trustees. 
Their  term  of  office  is  for  three  years  and  they  receive  no 
compensation.  (R.  S.,  Sees.  525,  526.)  In  the  management 
of  school  affairs  the  citizens  exercise  the  right  of  direct 
legislation.  All  questions  of  money  to  be  raised  by  a 
special  tax ;  questions  of  expenditures,  improvements  and 


THE    ADMINISTRATION    OF    AFFAIRS.  149 

buildings  and  the  number  of  schools  to  be  maintained  are 
voted  upon  by  the  people  of  the  district  at  the  annual  school 
election  held  the  first  Monday  in  May  when  the  election  of 
trustees  takes  place.  (Sec.  531.)  The  qualified  voters  of 
any  district  are  responsible  for  the  condition  of  their  pub- 
lic schools,  because  they  have  it  in  their  power  to  directly 
regulate  the  amount  of  money  to  be  used  in  the  district 
for  educational  purposes,  and  elect  by  direct  vote  those  who 
are  to  carry  out  their  expressed  wishes.  Each  county  has 
a  county  superintendent  of  schools  who  serves  for  a  term 
of  two  years  and  is  elected  by  the  people  of  the  respective 
counties.  The  salary  varies  from  nine  hundred  to  five  hun- 
dred dollars  a  year.  (The  amount  being  regulated  by  the 
population  and  valuation  of  the  school  district.)  The  first 
school  taught  in  Wyoming  was  at  Fort  Laramie  in  1852. 
Post  Chaplain  Richard  Vaux  conducted  a  post  school,  com- 
posed of  the  children  of  the  officers  of  the  military  post. 

No  teacher  in  the  public  school  is  eligible  to  the  office  of 
county  superintendent.  (Sec.  1190.)  Annually  the  county 
superintendent  sends  to  the  State  Superintendent  of  public 
Instruction  a  written  report  of  the  condition  of  the  schools 
in  his  county,  which  is  compiled  from  the  reports  sent  to  his 
office  by  the  several  school  district  clerks.  (Sec.  1192.)  The 
county  superintendent  divides  the  county  into  school  dis- 
tricts and  may  change  or  alter  the  boundaries  of  those  now 
formed  when  so  petitioned  by  two-thirds  of  the  legal  voters 
of  the  district.  (Sec.  1195.)  In  December  of  each  year 
he  apportions  the  county  school  tax  and  all  money  in  the 
hands  of  the  county  treasurer  to  the  schools  in  his  district 
and  divides  monies  that  have  been  apportioned  and  dis- 
tributed to  his  county  by  the  State  Superintendent  for 
school  purposes.  This  apportionment  is  made  in  accordance 
with  the  number  of  pupils  in  attendance  at  the  schools  in  his 
district.  (Sec.  1194.)  No  portion  of  money  received  from 
the  State  Superintendent  can  be  given  by  the  county  super- 


150  THE     GOVERNMENT     OF    WYOMING. 

intendent  to  any  district  which  has  not  maintained  a  school  at 
least  three  months  of  the  year.  (S.  L.  1903,  Ch.  91,  Sec.  6.) 
County  superintendents  annually  conduct  a  county  institute 
for  teachers  and  hold  examinations  twice  a  year  for  appli- 
cants who  wish  to  teach.  Each  applicant  is  examined  in 
spelling,  reading,  penmanship,  arithmetic,  grammar,  geog- 
raphy, civil  government,  history  and  constitution  of  the 
United  States,  the  constitution  of  Wyoming,  physiology, 
hygiene,  the  theory  and  practice  of  teaching.  An  average 
grade  of  eighty-five  per  cent  or  over  entitles  the  applicant 
to  a  second-grade  certificate,  which  enables  the  holder  to 
teach  for  two  years  without  an  additional  examination.  A 
third  grade  certificate  is  granted  to  those  receiving  an  aver- 
age between  eighty-five  per  cent  and  seventy  per  cent.  This 
entitles  the  holder  to  teach  one  year  without  further  examin- 
ation. First  grade  certificates  do  not  require  an  examination 
for  four  years.  In  addition  to  the  requirements  for  a  second 
grade  certificate,  examinations  for  a  first  grade  certificate 
must  be  taken  in  rhetoric,  algebra,  physical  geography,  plane 
geometry,  English  literature,  political  economy,  and  any 
two  .of  the  following  branches :  botany,  zoology,  natural 
philosophy,  biology,  chemistry,  psychology  and  book-keep- 
ing. (S.  L.  1901,  Ch.  57;  S.  L.  1903,  Ch.  90,  Sec.  i.)  A  State 
or  professional  certificate,  which  is  granted  upon  examina- 
tion by  the  State  Board  of  Examiners,  entitles  one  to  teach 
six  years  without  examination.  This  board  prepares  ques- 
tions for  the  use  of  the  county  superintendents.  It  is  com- 
posed of  three  members  appointed  by  the  State  Superintend- 
ent, and  the  selection  is  made  from  the  principals  of  the  high 
schools,  city  and  county  superintendents  and  the  faculty  of 
the  State  University. 

Graduates  from  our  State  university  are  exempt  from  tak- 
ing a  teacher's  examination,  also  those  teachers  who  have 
had  a  professional  training  in  a  high  grade  normal  school 
and  who  have  successfully  taught.  (S.  L.  1901,  Ch.  57.) 


THE    ADMINISTRATION    OF    AFFAIRS.  151 

The  State  Superintendent  of  Public  Instruction  has  gen- 
eral supervision  of  all  of  the  district  schools  of  the  State. 
He  has  authority  to  make  all  necessary  rules  and  regulations 
to  carry  out  the  State  school  laws.  (R.  S.,  Sec.  91.)  Once 
a  year  he  distributes  to  the  county  superintendents  for  the 
use  of  the  public  schools  all  the  money  in  the  State  treasury 
to  the  credit  of  the  school  income  fund.  This  money 
includes  the  five  per  cent  sales  of  the  public  lands  by  the 
United  States  and  the  rents  of  the  unsold  school  lands.  The 
money  is  apportioned  in  the  same  manner  as  the  county  tax, 
which  is  distributed  to  each  school  district  pro  rata  to  the 
number  of  school  children  of  school  age  in  the  district. 
(Sec.  93.)  The  State  Superintendent  of  Public  Instruction 
is  a  member  ex-officio  of  the  trustees  of  the  State  University. 
(Sec.  488.)  He  is  also  a  member  of  the  State  Board  of 
School  Land  Commissioners,  of  the  Public  Land  Commis- 
sioners for  the  selection  of  State  lands  and  of  the  Board  of 
Charities  and  Reforms.  (See  State  Officers.) 

Free  kindergartens  for  the  instruction  of  children  from 
four  to  six  years  of  age  are  a  part  of  our  public  school 
system.  The  cost  of  maintaining  these  schools  is  paid 
from  the  special  school  fund  of  the  district  having  the  kin- 
dergarten, and  the  sum  so  expended  is  annually  determined 
by  the  electors  of  the  district  at  their  annual  meeting.  (Sec. 
593.)  The  county  superintendent  and  the  district  school 
board  or  directors  determine  whether  a  high  school  shall 
be  established  in  the  district.  The  teachers  at  the  county 
institute  may  determine  the  studies  to  be  pursued  and  the 
State  Superintendent  has  power  to  carry  into  effect  the 
courses  of  study  so  determined.  (Sec.  551.)  The  high 
schools  of  the  State  prepare  students  to  enter  the  fresh- 
man class  of  the  State  University  without  examinations. 
Until  more  high  schools  are  established  in  the  State,  the 
University  will  be  obliged  to  maintain  three  preparatory 
years,  the  first  of  which  admits  pupils  who  have  graduated 


152  THE     GOVERNMENT     OF    WYOMING. 

from  the  eighth  grade  of  our  public  schools.  .  The  Uni- 
versity finishes  the  system  of  public  schools  in  our  State. 

The  Universit}*  with  its  several  departments  was  estab- 
lished in  1886  and  received  students  in  the  fall  of  1887. 
The  State  Normal  School,  the  College  of  Liberal  Arts,  the 
School  of  Mines,  the  Agricultural  and  Mechanical  College, 
the  Business  College  and  the  School  of  Music,  are  a  part  of 
the  University.  All  of  the  institutions  of  higher  learning  are 
centered  in  one  locality  and  each  is  part  of  the  University. 

There  are  no  denominational  colleges  in  the  State. 

All  educational  institutions  supported  wholly  or  in  part 
by  the  State,  above  the  second  grade,  must  give  instruction 
in  physiology  and  hygiene  with  special  reference  to  the 
effects  of  alcohol  and  narcotics  upon  the  human  system. 
(Sec.  612.)  The  humane  treatment  of  animals  must  also 
be  taught  and  the  instruction  must  consist  of  not  less  than 
two  lessons  of  ten  minutes  each  per  week.  (S.  L.  1901,  Ch. 
8.)  That  no  one  may  be  denied  the  privilege  of  a  common 
school  education  on  account  of  expenses  attached  to  the  pur- 
chase of  school  supplies,  free  text-books  are  furnished  to  all 
public  school  pupils  by  the  school  boards.  (S.  L.  1901,  Ch. 

38.) 

Provision  has  been  made  by  which  the  birds  and  their  nests 
and  eggs  are  protected.  A  fine  of  five  dollars  or  imprison- 
ment for  ten  days,  or  both,  may  be  imposed  upon  any  one 
killing  or  catching  birds,  other  than  game  birds,  or  taking 
or  destroying  their  nests  or  eggs.  The  State  Superintend- 
ent of  Public  Instruction  may  issue  a  certificate  which  will 
permit  the  holder  to  collect  birds,  nests,  or  eggs  for  sci- 
entific purposes.  (S.  L.  1901,  Ch.  37.) 

The  legal  holidays  of  the  State,  when  schools  are  not  in 
session,  are  January  first,  New  Year's  Day ;  February 
twelfth,  Lincoln's  Birthday ;  February  twenty-second,  Wash- 
ington's Birthday ;  thirtieth  of  May,  Decoration  Day ;  Fourth 

*Charles  Willard  Lewis,  M.  S.,  D.  D.,  President. 


THE    ADMINISTRATION    OF    AFFAIRS.  153 

of  July;  Thanksgiving  Day;  twenty-fifth  of  December, 
Christmas ;  days  on  which  our  general  elections  are  held  and 
Arbor  Day.  The  date  for  Thanksgiving  Day  is  designated 
by  the  President  of  the  United  States.  It  is  usually  the  last 
Thursday  in  November.  The  exact  date  for  Arbor  Day  is 
made  by  the  Governor,  always  in  the  spring,  in  time  to  plant 
trees.*  (S.  L.  1901,  Ch.  93.) 

As  a  stimulus  to  patriotism  the  law  requires  that  the 
trustees  in  each  school  district  shall  cause  the  American  flag 
to  be  placed  on  the  schoolhouse  of  their  district  and  remain 
there  each  day  while  school  is  in  session.  (S.  L.,  1903, 
Ch.  83.) 

QUESTIONS. 

1.  What  is  the  Public  School  system? 

2.  Explain  how  the  school  acquired  title  to  Sections  16  and 
36  of  each  Township. 

3.  Draw  a  diagram  of  a  Township,  locate  the  School  Sections 
and  the  southeast  quarter  of  the  southwest  quarter  of  Section  8. 

4.  How  many  acres  of  land  are  there  in  the  southwest  quar- 
ter of  the  southeast  quarter  of  Section  16? 

5.  What  is  the  lowest  price  at  which  school  land  can  be  sold? 

6.  Name  the  State  institutions  that  received  land  grants  from 
the    Government. 

7.  Explain    how    revenue    for   the    Agricultural    Colleges    and 
Experiment  Stations  is  obtained. 

8.  What  is  a  School  District? 

9.  Who     elects     School     Directors?       Who     elects    the     County 
Superintendent?     The   State   Superintendent   of   Public   Instruc- 
tion? 

10.  What  are  the  duties  of  each  of  these  officers? 

11.  Of  what  use  is  a  teacher's  certificate? 

12.  Who  are  exempt  from  teachers'  examinations? 

13.  What    is    a    kindergarten?      A    graded    school?      A    high 
school?     A  university? 

14.  What   are   the   public    schools    of   the    State   required   to 
teach? 


*The  State  Superintendent  of  Public  Instruction  has  recommended  to  the  teachers 
of  this  State  that  the  Arbor  Day  exercises  be  combined  with  a  program  for  Bird  Day. 


154  THE     GOVERNMENT     OF    WYOMING. 

15.  Name  the  legal  holidays  in  this  State.     How  long  has  the 
State  observed  Lincoln's  Birthday? 

16.  State  the  regulations  in  regard  to  the  protection  of  birds 
of  the  State.     How  could  you  be  allowed  to  make  a  collection 
for  the  schools? 

REFERENCES. 

Ashley,  The  American  Federal  Government,  pp.  371-375; 
Sees.  187,  449. 

Boone,   Education  in  the  United  States. 

Butler,  Education  in  the  United  States  II,  p.  613. 

Hinsdale,  The  American  Government,  Ch.  LVI. 

Hart,  Actual  Government,  Sees.   154,  231. 

Fiske,  Civil  Government,  pp.  81-88. 

James  and  Sanford,  Government  in  the  State  and  Nation,  Chs. 
IX,  XXVIII. 

Hart,  Practical  Essays  on  American  Government,  X. 

Knight,  The  Birds  of  Wyoming  (Free  on  application  to  the 
University). 

Wyoming  School  Laws,  compiled  by  the  State  Superintend- 
ent of  Public  Instruction. 


CHAPTER  XX. 
IRRIGATION  AND  FOREST  RESERVES. 

"  In  the  arid  West  water  is  gold."  For  her  superior  laws 
regulating  the  use  of  water,  Wyoming  has  been  called  the 
law-giver  of  the  arid  region.  Our  State  Supreme  Court 
has  never  acted  upon  but  few  water  cases.  This  must  not 
be  taken  to  indicate  that  there  are  no  conditions  existing 
in  the  State  where  litigation  over  water  might  arise,  but 
that  the  water  laws  are  so  wisely  constructed  that  the 
appropriators  of  water  know  what  their  rights  are  and  thus 
avoid  endless  lawsuits.  That  this  condition  of  affairs  exists 
in  our  State  where  over  nine  thousand  people  have  water 
rights  and  take  water  from  more  than  six  hundred  streams, 
speaks  well  for  the  Constitution-makers  and  law-builders, 
as  well  as  for  the  owners  of  the  ditches.  The  Declaration  of 
Rights  in  our  State  Constitution,  Sec.  31,  recognizes  the 
importance  of  the  question  of  water  in  an  arid  region,  and 
places  absolute  control  of  the  waters  with  the  State.  The 
waters  from  all  of  the  natural  streams,  springs,  lakes  and  col- 
lections of  still  water  within  the  borders  of  the  State  are 
State  property,  and  are  controlled  by  a  board  which  super- 
vises the  appropriation,  distribution  and  division  of  these 
waters.  The  board  consists  of  the  State  Engineer  and  his 
four  division  superintendents,  all  of  whom  are  appointed 
by  the  Governor  with  the  consent  of  the  Senate.  The  board 
acts  as  a  court  and  has  original  jurisdiction  in  water  right 
controversies.  The  State  Engineer,  whose  office  is  in  the 
Capitol  Building,  keeps  a  record  of  all  appropriations  of 
water.  Priority  of  appropriation  for  beneficial  uses  gives 
the  best  title  to  water,  but  actual  use  of  the  water  so  appro- 
priated must  be  shown  before  an  appropriator's  title  can  be 
recognized.  Those  who  first  utilize  the  waters  of  a  stream 
for  useful  purposes  are  the  prior  appropriators.  The  water 
is  conveyed  through  ditches  that  connect  the  streams  with 


156  THE     GOVERNMENT     OF    WYOMING. 

the  land  which  is  to  be  reclaimed  or  irrigated.  Prior  right 
dates  from  the  time  when  construction  commenced  on  these 
ditches.  If  due  diligence  is  not  shown  in  making  these 
ditches,  the  right  commences  with  the  time  when  water  was 
actually  conveyed  through  the  ditch  to  be  used  on  the  land. 
The  State  Engineer  keeps  a  record  of  all  the  ditches  and 
their  capacity  for  carrying  water.  Each  stream  is  gauged, 
and  the  amount  of  water  flowing  through  its  channel  is 
carefully  measured.  The  amount  of  land  that  can  be 
irrigated  by  these  waters  is  also  estimated.  These  records 
give  the  information  by  which  a  just  divison  of  water  can 
be  made  by  the  Engineer  to  the  land  owners  of  the  State. 
The  law  requires  the  State  Engineer  to  make  and  keep  in 
his  office  a  map  showing  the  course  of  each  stream  gauged, 
the  location  of  each  canal  and  ditch  and  the  legal  subdivisions 
of  land  which  have  been  irrigated.  (R.  S.,  Sec.  871.) 
The  amount  of  water  allowed  to  each  appropriator  is  one 
cubic  foot  per  second  of  time  for  each  seventy  acres  of  land 
for  which  the  appropriation  is  made.  In  order  to  establish 
a  legal  claim  to  a  ditch  and  to  obtain  a  right  to  use  water 
from  a  stream,  application  for  this  privilege  must  be  filed 
with  the  State  Engineer,  who  grants  a  permit.  Sometimes 
all  of  the  water  of  a  stream  is  appropriated  and  to  allow 
further  use  of  it  would  injure  rights  previously  granted. 
In  this  case  the  Engineer  can  reject  the  application  and 
refuse  to  permit  further  use  of  the  water  from  the  stream. 
Appeals  from  the  decisions  of  the  Engineer  can  be  taken  to 
the  State  Board  of  Control  and  from  this  board  to  the 
district  courts.  To  use  water  from  a  stream  in  Wyoming 
without  a  permit  from  the  Engineer  is  a  misdemeanor.  (R. 
S.,  Sec.  9/1.)  A  title  to  water  is  given  to  the  lawful  appro- 
priator and  he  becomes  a  partner  with  the  State  as  part 
owner  of  the  stream  from  which  he  has  taken  the  water. 
When  all  of  the  requirements  of  the  law  are  fulfilled,  the 
State  Board  of  Control  issues  a  certificate  and  gives  the 


THE    ADMINISTRATION    OF    AFFAIRS.  157 

applicant  a  right  which  cannot  be  taken  from  him  except 
by  failure  on  his  part  to  keep  his  canals  and  ditches  in 
repair  and  failure  to  use  the  water  for  two  successive  years. 

Our  last  Legislature  passed  an  act  (S.  L.  1903,  Ch.  69) 
authorizing  persons  or  corporations  to  construct  reservoirs 
for  the  storage  of  the  unappropriated  waters  of  the  State, 
to  be  used  for  beneficial  purposes.  Applications  and  per- 
mits for  this  work  must  be  approved  by  the  State  Engineer 
in  the  same  manner  as  the  water  applications. 

The  most  important  provisions  of  the  irrigation  laws  of 
Wyoming  stipulate  that  water  belongs  to  the  land  irrigated 
and  not  to  the  ditch  or  individual ;  that  there  must  be  a 
central  office  of  record  where  all  information  concerning  the 
flow  of  streams  and  the  area  of  the  land  irrigated  by  each, 
can  be  obtained ;  that  claims  of  water  are  to  be  settled 
before  complications  arise,  the  State  taking  the  initiative; 
and  that  all  claimants  are  represented  in  the  process  of 
acquiring  their  title. 

The  United  States  Government  under  the  Desert  Land 
Act  gives  320  acres  of  land  to  any  one  who  will  irrigate 
the  land  and  pay  $1.25  per  acre.  Originally  a  person  could 
file  on  an  entire  section,  or  640  acres,  but  during  recent  years 
this  amount  has  been  reduced,  and  if  a  settler  has  a  home- 
stead of  1 60  acres  he  can  only  file  on  and  purchase  160 
acres  of  desert  land.  Thousands  of  acres  of  desert  land  in 
Wyoming  have  been  acquired  through  this  act.  The  title 
to  land  comes  from  the  government.  The  title  to  water 
comes  from  the  State.  The  patent  to  the  land  comes  from 
the  United  States ;  the  patent  to  the  water  comes  from 
Wyoming. 

Congress  in  1894  passed  an  act  commonly  known  as  the 
Carey  Act,  which  donated  to  each  of  the  States  in  the 
arid  region  one  million  acres  of  land  for  actual  settlers. 
The  provision  attached  to  the  gift  was  that  the  land  should 
be  irrigated,  reclaimed  and  settled  by  actual  settlers  in 


158  THE     GOVERNMENT     OF    WYOMING. 

small  tracts.  The  selection  and  management  and  disposal 
of  this  desert  land  in  Wyoming  is  vested  in  the  State  Board 
of  Land  Commissioners.  The  ditches  built  for  use  in  re- 
claiming are  not  built  by  the  State,  but  by  irrigation  com- 
panies who  agree  to  sell  them  to  the  settlers  at  a  reasonable 
price.  Wyoming  was  the  first  State  to  accept  the  provisions 
of  this  act,  and  at  the  present  time  has  800,000  acres  segre- 
gated for  this  purpose.  Title  to  this  land  after  being 
reclaimed  passes  to  the  State  and  then  to  the  settler,  who 
pays  fifty  cents  an  acre  for  the  land.  In  1902  Congress 
passed  another  act  appropriating  the  receipts  from  the  sale 
of  public  land  in  thirteen  States  and  territories  for  the  con- 
struction of  irrigation  works  to  reclaim  the  arid  lands  in 
these  States.  This  money  is  to  be  spent  in  surveying,  con- 
structing and  maintaining  works  which  are  to  be  used  for 
the  storage  of  waters  for  irrigation  and  for  the  construction 
of  canals  to  carry  the  water  to  the  lands.  Surveys  for  three 
large  reservoirs  have  been  made  by  the  Government  in 
this  State.  It  is  contemplated  to  establish  the  largest  reser- 
voir in  Natrona  County,  located  on  the  Platte  River  near 
the  mouth  of  the  Sweetwater.  It  will  have  a  capacity  of 
about  one  million  acre  feet  of  water.  An  acre  foot  of  water 
is  enough  water  to  cover  an  acre  of  ground  one  foot  deep. 
If  this  reservoir  is  built,  it  will  be  the  largest  in  the  world, 
and  will  have  a  capacity  of  137,000  more  acre  feet  than  the 
famous  Assuan  reservoir  in  Egypt,  and  this  is  the  largest 
that  has  ever  been  constructed.  The  second  survey  has  been 
made  in  Johnson  County,  and  it  is  contemplated  to  use 
Lake  DeSmet  as  a  reservoir  and  the  waters  from  Piney 
Creek.  The  third  proposed  location  is  in  Big  Horn  County, 
and  will  utilize  the  water  from  the  Shoshone  River.  Lands 
in  the  arid  region  are  practically  useless  without  water. 
The  value  of  land  depends  upon  the  question  of  the  water 


THE    ADMINISTRATION     OF    AFFAIRS.  159 

supply.  Irrigated  lands  in  Wyoming  sell  on  an  average  for 
from  twenty  to  fifty  dollars  an  acre.* 

Forest   Reserves. "  The    forest  and   water  problems 

are  perhaps  the  most  vital  internal  questions  of  the  United 
States."  The  Government  has  recognized  the  importance 
of  this  question  and  has  set  aside  lands  in  the  United 
States  amounting  to  over  63,000,000  acres  to  be  used  as 
forest  reserves.  Formerly  there  was  a  provision  by  which 
1 60  acres  of  government  land  could  be  purchased  under 
what  was  known  as  the  Timber  Act.  This  law  was  re- 
pealed in  1891  and  provision  was  made  for  the  Federal 
Forest  Reserves.  In  Wyoming  there  are  three  large  tracts 
reserved  for  this  purpose:  the  Big  Horn  of  1,216,960  acres, 
the  Medicine  Bow  with  420,584  acres  and  the  Yellowstone, 
containing  7,017,600  acres.  These  lands  are  under  the 
control  of  the  National  Government  and  are  regulated  by 
three  of  its  departments.  The  Department  of  the  Interior, 
through  the  General  Land  Office,  has  general  supervision 
over  and  regulation  of  these  reserves.  The  Geological  De- 
partment surveys  the  land  and  does  the  topographical  work 
locating  the  streams  and  roads  and  calculates  the  amount  of 
timber,  which  has  been  burned  or  can  be  safely  used  for 
commercial  purposes.  The  Department  of  Agriculture, 
through  the  Bureau  of  Forestry,  makes  a  technical  inves- 
tigation as  to  the  character  and  distribution  of  the  trees, 
and  makes  recommendations  as  to  the  best  methods  for  pre- 
serving the  forests.  The  objects  of  reserving  these  lands 
are  two- fold :  first,  to  furnish  timber;  second,  to  regulate  the 
flow  of  water  which  fills  our  streams.  Forests  act  as  wind- 
breaks and  also  as  a  shade  to  the  ground,  and  thus  prevent 


*The  Wyoming  Development  Company,  managed  by  private  individuals,  has  the 
largest  reservoir  in  the  State  and  one  of  the  largest  in  the  world.  It  takes  the  water 
from  the  La  ramie  river  and  irrigates  about  60,000  acres. 

The  Secretary  of  the  Interior  has  allotted  $1.000.000.00  for  the  construction  of  a 
reservoir  to  be  known  as  the  Pathfinder,  to  be  located  about  forty  miles  southwest  of 
Casper,  for  the  utilization  of  the  waters  of  the  North  Platte  river.  The  sum  of  $2,250,- 
000.00  has  also  been  set  aside  for  the  Shoshone  project. 


160  THE     GOVERNMENT     OF    WYOMING. 

the  snow  from  rapidly  melting  and  the  water  from  evapor- 
ating. The  snows  on  our  mountains  are  the  source  of  water 
supply,  and  it  is  essential  that  this  moisture  be  gradually 
distributed  into  the  streams.  The  trees  protect  the  earth 
from  being  washed  away  by  the  suddenly  melting  snow  or 
heavy  rains.  Forests  serve  the  purpose  of  reservoirs,  stor- 
ing waters  during  the  time  of  abundant  moisture,  when  the 
largest  part  of  the  water  would  otherwise  run  to  waste.  The 
vital  importance  of  the  question  of  the  water  supply,  par- 
ticularly in  the  arid  and  semi-arid  regions  has  justified  the 
National  Government  in  assuming  control  of  the  headwaters 
of  some  of  the  streams  which  are  generally  to  be  found  in 
the  forests.  The  dead  leaves  and  limbs  and  fallen  trees 
protect  the  snow  from  the  hot  sun  and  make  its  melting 
gradual.  This  gives  an  even  distribution  through  the  season 
of  the  water  for  the  land  below  the  mountain  region  where 
the  streams  originate,  thus  preventing  floods  at  one  time 
and  drouth  when  water  is  most  needed. 

QUESTIONS. 

1.  Why  are  the  water  and  land  so  closely  related? 

2.  What  is  water  litigation? 

3.  Who  owns  the  waters  in  Wyoming? 

4.  Describe  the  process  of  acquiring  title  to  land  and  water. 

5.  What  are  the  duties  of  the   State   Engineer?     The   State 
Board  of  Control? 

6.  What  is  prior  appropriation? 

7.  What  is  desert  land?     Irrigation? 

8.  In  what  way  is   the   National   Government   interested   in 
the  desert  land  of  Wyoming? 

9.  What  is  meant  by  the  "reclamation  of  the  arid  region"? 

10.  Is    the    United    States    interested    in    any    reservoirs    in 
Wyoming? 

11.  What   is   a    National   Forest   Reserve? 

12.  Describe  the  relation  of  forests  to  irrigation. 


8: 

o 


THE    ADMINISTRATION    OF    AFFAIRS.  163 

REFERENCES. 

Mead,    Irrigation    Institutions. 

Newell,  Irrigation. 

King,  Irrigation  and  Drainage. 

Smythe,  The  Conquest  of  Arid  America. 

Roosevelt,  Winning  of  the  West. 

Gifford,  Practical  Forestry. 

U.  S.  Department  of  the  Interior,  Forest  Reserve  Manual. 

U.  S.  Department  of  Agriculture,  Office  of  Experiment  Sta- 
tions: 

Bulletins  Nos.  86  and  104,  Mead  and  Johnston,  The  Use  of 
Water  in  Irrigation. 

Bulletin  No.  81,  Bttffum,  The  Use  of  Water  in  Irrigation  in 
Wyoming. 


CHAPTER  XXI. 

GOVERNMENT  IN  THE  DISTRICT,  TOWN,  CITY,  COUNTY  AND 

STATE. 

The  general  laws  governing  a  school  district,  town,  city, 
county  and  State  are  made  by  the  Legislature.  In  this  wa;< 
uniform  laws  are  obtained  for  all  localities  of  the  State. 
If  one  school  district  has  free  text-books,  it  is  safe  to  con- 
clude that  all  of  the  schools  have  the  free  text-book  system, 
because  the  laws  governing  one  locality  govern  all  others. 
The  salaries  of  all  county  superintendents  and  city  officers 
are  regulated  by  a  State  law ;  the  several  duties  of  the 
officers  are  designated  by  legislative  acts;  the  limitation  of 
officers'  responsibilities  is  regulated  by  a  general  law ; 
the  number  of  county  officers  and  school  trustees  and  the 
powers  of  the  mayor  are  all  governed  by  legislative  enact- 
ment. 

The  State  makes  the  laws,  but  designates  who  shall  exe- 
cute them.  The  duty  falls  upon  the  officers  who  occupy 
the  positions  created  by  the  general  laws. 

1.  THE     SCHOOL     DISTRICT.      (See    Education.) 

2.  THE    TOWN. 

A  locality  containing  not  less  than  one  hundred  and  fifty 
people  may  be  incorporated  as  a  toivn  when  application  is 
made  by  a  majority  of  the  electors  in  the  district  proposed 
to  be  incorporated,  (R.  S.,  Sec.  1521.)  The  application  is 
made  to  the  county  commissioners,  who  appoint  three  persons 
whose  duty  it  is  to  call  a  special  election  of  the  people  of 
the  location  to  vote  upon  the  question  of  incorporation. 
These  inspectors  act  as  judges  of  the  election  on  this  ques- 
tion as  well  as  in  the  election  of  officers  for  the  town.  The 
municipal  officers  of  a  town  elected  by  the  people  are  a 
mayor,  who  is  elected  for  one  year,  and  four  councilmen, 
who  hold  office  for  two  years.  The  mayor  appoints  a 


THE    ADMINISTRATION    OF    AFFAIRS.  165 

marshal,  who  is  ex-officio  fire  warden  and  street  com- 
missioner, one  clerk,  who  is  ex-officio  assessor  and  treas- 
urer. These  appointments  are  for  one  year. 

3.    THE   CITY. 

Cities  are  divided  into  two  classes,  according  to  the  popu- 
lation. The  mayor  for  both  classes  of  cities  is  elected  for 
two  years  at  the  general  election.  The  cities  are  divided 
into  at  least  three  wards.  In  second  class  cities  there  are 
three  wards,  and  the  councilmen  are  elected  for  a  period  of 
four  years.  Cities  incorporated  under  a  special  charter 
and  having  ten  thousand  inhabitants  elect  the  councilmen 
for  three  years.  (S.  L.  1901,  Ch.  69.)  The  mayor  receives 
a  salary  of  two  hundred  dollars  a  year,  the  councilmen  each 
fifty  dollars.  (R.  S.,  Sec.  1674.)  Cities  of  the  first  class 
may  have  more  than  three  wards,  with  two  or  three  council- 
men  from  each  ward,  as  the  council  may  determine.  If  there 
are  two  elected  from  each  ward,  they  serve  for  two  years 
each ;  if  three,  they  serve  for  three  years  each.  The  salaries 
of  the  mayor  and  councilmen  of  the  second  class  cities  are 
fixed  by  ordinance  of  the  last  council  meeting  prior  to  the 
beginning  of  their  respective  terms.  The  mayor's  salary 
cannot  exceed  five  hundred  dollars  a  year,  and  the  council- 
men  are  paid  according  to  the  number  of  meetings  attended. 
(R.  S.,  Sec.  1603.) 

Before  a  general  law  was  enacted  regulating  the  establish- 
ment of  cities,  special  charters  were  granted  by  the  Legis- 
lature to  Cheyenne,  Laramie,  Buffalo,  Sheridan  and  Rawlins. 
The  laws  governing  these  cities,  while  alike  in  general  con- 
struction, have  special  regulations  made  for  each  locality 
and  do  not  come  under  the  general  law  of  the  classified 
cities.  They  all  were  incorporated  during  the  territorial 
days ;  laws  governing  cities  of  the  first  and  second  class 
have  been  enacted  since  Wyoming  became  a  State.  The 
mayor,  by  and  with  the  consent  of  the  council,  appoints  a 


166  THE     GOVERNMENT    OF    WYOMING. 

city  clerk,  attorney,  chief  of  the  fire  department,  city  mar- 
shal and  such  police  as  the  council  may  authorize.  Their 
term  of  office  corresponds  with  that  of  the  mayor.  (R.  S., 
Sec.  1600.)  Police  justices  are  also  appointed  by  the 
mayor  by  the  consent  of  the  council.  These,  under  the 
general  law  governing  cities,  must  be  duly  elected  justices 
of  the  peace  for  the  precinct  embraced  in  said  city  or  town. 
If  the  city  is  incorporated  under  a  special  charter,  the  police 
justice  need  not  be  a  Justice  of  the  Peace.  (S.  L.  1901, 
Ch.  101 ;  1903,  Ch.  21.)  These  police  justices  have  juris- 
diction over  the  municipal  courts  for  the  trial  of  offenses 
arising  under  the  ordinances  of  the  city  or  town.  Appeals 
from  the  decisions  of  this  court  can  be  taken  to  the  district 
court  in  all  cases.  (S.  L.  1903,  Ch.  101,  Sec.  4.) 

The  cities  described  are  corporations,  and  as  such  have 
power  to  sue  or  be  sued;  to  purchase  and  hold  real  and 
personal  property  for  the  use  of  the  city;  to  sell  and  con- 
vey any  real  or  personal  estate  owned  by  the  city ;  to  make 
contracts  for  the  city;  to  incur  the  indebtedness  as  may  be 
necessary.  The  granted  powers  are  exercised  by  the  mayor 
and  the  council.  (R.  S.,  Sec.  1595.)  These  officers  hold 
regular  council  meetings  at  such  times  as  are  fixed  by  the 
ordinance.  The  mayor  presides  at  all  of  these  meetings 
and  has  superintending  control  of  all  of  the  officers  and 
affairs  of  the  city  and  acts  as  the  executive  in  relation  to 
the  ordinance  of  the  city.  He  has  the  power  to  veto  any 
ordinance,  resolution  or  by-law  passed  by  the  council,  but 
a  two-thirds'  vote  of  the  members  of  the  council  may  be 
passed  over  the  veto.  In  case  of  the  death  or  removal  of  the 
mayor,  the  president  of  the  council  is  the  acting  mayor. 

The  City  Clerk  has  in  his  care  all  of  the  city  laws  and 
ordinances ;  he  keeps  a  record  of  the  proceedings  of  the 
council  and  the  amounts  paid  out  of  the  city  funds. 


THE    ADMINISTRATION    OF    AFFAIRS.  167 

The  Treasurer  is  the  custodian  of  the  money  belonging 
to  the  city.  He  pays  all  bills  against  the  corporation  by 
warrants  and  collects  the  city  taxes. 

The  Attorney  is  the  legal  adviser  of  the  council  and  the 
city  officers.  He  prosecutes  and  defends  all  suits  on  behalf 
of  the  city,  and  gives  his  opinion  at  the  council  meetings 
when  required,  upon  any  matter  submitted  to  him. 

The  Engineer  makes  the  surveys  necessary  for  sewers, 
water  works,  grades,  bridges  and  improvements  of  the 
streets.  He  makes  the  estimates  for  the  city  for  any  pro- 
posed building  or  city  improvement. 

The  Marshal  has  supervision  of  the  police  and  with  them 
has  the  power  to  arrest  all  offenders  against  the  laws  of  the 
State  or  city  and  to  keep  them  in  the  city  prison  until  a 
trial  or  examination  may  be  made  before  the  proper  officer. 
He  has  the  same  power  as  sheriffs  and  constables  in  relation 
to  all  criminal  matters  in  his  jurisdiction. 

Cities  by  their  mayor  or  council  have  power  by  ordinance 
to  levy  taxes  for  general  revenue  purposes  on  all  property 
within  the  limits  of  the  city;  to  provide  for  the  grading 
and  repairing  of  streets  and  alleys  and  construction  of 
bridges,  culverts  and  sewers;  to  improve,  locate  and  name 
any  street,  avenue  or  park;  to  repair  sidewalks  and  to 
collect  a  license  tax  on  dogs;  to  prevent  and  punish  horse 
racing  or  fast  driving  on  the  streets ;  to  contract  with  com- 
panies for  municipal  lighting  of  the  streets ;  to  regulate 
the  crossing  of  railway  tracks ;  to  establish  public  libraries ; 
to  borrow  money  on  the  credit  of  the  city;  to  provide  for 
issuing  bonds  for  the  purpose  of  funding  any  city  indebted- 
ness; to  remove  city  officers  for  misconduct;  to  make  the 
census  of  the  city;  to  establish  a  system  of  water  works; 
to  provide  for  the  organization  and  support  of  a  fire-depart- 
ment; to  establish  standard  weights  and  measurements; 
to  license,  restrain  or  regulate  the  selling  or  giving  away 


168  THE     GOVERNMENT     OF    WYOMING. 

of  intoxicating  liquors ;  to  prohibit  or  restrain  games  of 
chance,  opium  dens  and  other  disorderly  houses;  to  pre- 
vent riots  and  disturbances  in  the  streets;  to  regulate  the 
discharge  of  fire-arms,  rockets  or  fire-works  and  the  trans- 
portation and  storage  of  explosive  articles ;  to  provide  for 
the  punishment  of  thieves,  tramps  and  common  beggars ; 
to  license  churches,  opera  houses  and  places  of  amuse- 
ment ;  to  provide  for  fire  protection ;  to  prohibit  the  running 
at  large  of  cattle,  horses  and  other  animals ;  to  make  regu- 
lation to  prevent  the  introduction  of  contagious  diseases 
and  to  create  a  board  of  health  to  make  quarantine  laws  for 
this  purpose ;  to  create  and  establish  hospitals,  poor-houses 
and  jails ;  to  secure  the  general  health  of  the  city ;  to  keep 
in  order  slaughter  houses,  stock  yards  and  stables ;  to  pur- 
chase a  city  cemetery  and  sell  lots  in  same ;  to  make  all 
such  ordinances,  by-laws,  rules  and  regulations  not  incon- 
sistent with  the  laws  of  the  State  as  may  be  necessary  for 
good  government.  (R.  S.,  Sec.  1637.)  In  order  that  the 
public  may  know  what  the  officers  of  the  city  are  doing, 
the  law  requires  that  all  councils  in  incorporated  cities  shall 
publish  in  the  newspaper  proceedings  of  their  meetings, 
stating  what  ordinances  were  passed  and  all  bills  allowed, 
the  amount,  for  what  purpose,  and  by  whom  presented.  (S. 
L.  1903,  Ch.  51.) 

4.    THE   COUNTY. 

The  county  and  precinct  officers  are  elected  by  the  people 
of  their  respective  counties  and  hold  office  for  two  years. 
The  election  takes  place  at  the  time  of  the  general  election. 
These  officers  are  the  clerk,  commissioners,  surveyor,  sheriff, 
treasurer,  county  and  prosecuting  attorney,  superintendent 
of  schools,  coroner,  constables  and  a  clerk  of  the  district 
court  for  each  county.  When  a  county  has  an  assessed  valua- 
tion of  less  than  five  million  dollars,  the  county  clerk  acts  as 
ex-officio  clerk  of  the  district  court  without  extra  compensa- 
tion. (R.  S.,  Sec.  202.) 


THE    ADMINISTRATION    OF    AFFAIRS.  169 

There  are  thirteen  counties  in  Wyoming,  with  the  county 
seats  as  follows : 

COUNTY  COUNTY  SEAT 

Albany .  Laramie 

Big  Horn Basin  City 

Carbon Rawlins 

Converse Douglas 

Crook  Sundance 

Fremont Lander 

Johnson Buffalo 

Laramie   Cheyenne 

Natrona Casper 

Sheridan   Sheridan 

Sweetwater Green  River 

Uinta '. Evanston 

Weston Newcastle 

Counties  are  formed  in  much  the  same  manner  as  are 
towns  and  cities.  In  this  case,  however,  the  petition  is  filed 
with  the  Governor  to  appoint  three  commissioners  to  con- 
duct the  election.  (R.  S.,  Sec.  1003.)  No  county  can  be 
organized  unless  it  contains  within  its  limits  property  of  the 
valuation  of  two  million  dollars  and  not  then  unless  the 
remaining  portion  of  the  county  from  which  the  new  one  is 
to  be  created  contains  at  least  three  million  dollars.  New 
counties  to  be  organized  must  contain  at  least  one  thousand 
five  hundred  bona  fide  inhabitants,  and  no  county  can  be 
divided  unless  a  majority  of  the  qualified  voters  of  the  area 
to  be  separated  votes  in  favor  of  the  division.  (Const.,  Art. 
XII,  Sec.  2.) 

At  the  time  of  the  election  of  the  county  officers  the  mem- 
bers of  the  Legislature  are  elected  from  each  county.  Each 
county  is  a  legislative  district. 

Any  vacancy  occurring  in  a  county  or  precinct  office  is 
filled  by  the  county  commissioners.  This  rule  does  not 
apply  to  a  member  of  the  Legislature,  whose  place  must 
be  filled  at  an  election  by  the  electors  of  the  county. 


170  THE     GOVERNMENT    OF    WYOMING. 

The  clerk,  sheriff  and  treasurer  are  provided  with  offices 
at  the  court-house  situated  at  the  county  seat  of  their  county, 
and  all  books  and  records  required  for  their  offices  are  open 
for  examination  by  any  person.  The  other  county  officers 
reside  at  the  county  seat,  but  no  special  provision  is  made 
for  their  offices.  (R.  S.,  Sec.  1222.)  All  county  officers 
serve  for  a  term  of  two  years,  except  the  commissioners, 
two  of  whom  are  elected  for  two  years  and  one  for  four 
years.  The  term  of  office  commences  on  the  first  Monday  in 
January  of  the  odd-numbered  years. 

The  County  Clerk  acts  as  the  secretary  to  the  commis- 
sioners and  keeps  the  seal,  records  and  papers  of  the  board. 
He  keeps  a  record  of  licenses  issued  by  his  office  and  also 
of  all  deeds,  mortgages,  bonds,  maps  and  instruments  author- 
ized by  law  to  be  so  recorded.  The  abstract  books  in  which 
are  recorded  transfers  and  mortgages  of  real  property, 
and  abstract  entries  of  land  describing  the  legal  subdivisions 
of  the  location  according  to  the  United  States  surveys  are 
kept  in  his  office.  (R.  S.,  Sees.  1145,  1146,  1148-1153.)  He 
issues  warrants  on  the  county  treasurer.  These  warrants 
are  signed  by  the  chairman  of  the  board  of  county  commis- 
sioners, countersigned  by  the  treasurer  and  attested  by  the 
clerk's  seal.  The  salary  varies  from  eighteen  to  twelve  hun- 
dred dollars  a  year  according  to  the  class  of  the  county — 
first,  second,  third  or  fourth  class. 

The  County  Commissioners,  consisting  of  three  mem- 
bers, meet  at  the  county  seats  of  their  respective  counties 
on  the  first  Tuesday  of  each  month.  (S.  L.  1903,  Ch.  n.) 
The  powers  granted  a  corporative  body  are  exercised  by  this 
board.  (R.  S.,  Sec.  1055.)  They  have  the  power  to  make 
orders  concerning  the  property  of  the  county  as  they  may 
think  expedient ;  to  settle  accounts  against  the  county ;  to 
build  and  repair  bridges ;  to  apportion  and  order  the  levying 
of  taxes ;  to  manage  the  business  of  the  county  in  all  cases 


THE    ADMINISTRATION    OF    AFFAIRS.  171 

where  no  provision  is  made  by  law ;  to  establish  election  pre- 
cincts; to  make  and  keep  in  repair  the  county  roads  and 
bridges.  (Sec.  1058.)  They  have  entire  and  exclusive 
superintendence  of  the  poor  in  their  respective  counties. 
(Sec.  1258.)  Counties  can  sue  and  be  sued;  purchase  and 
hold  real  estate;  make  contracts  and  do  all  acts  in  relation 
to  the  prosperity  and  concerns  of  the  county  necessary 
to  the  exercise  of  its  corporative  power.  The  commissioners 
receive  an  annual  salary  of  two  hundred  dollars  and  a  per 
diem  compensation  of  five  dollars  for  each  day  employed  in 
the  discharge  of  their  duties.  (Sec.  1072.) 

The  Surveyor  makes  and  conducts  all  surveys  for  the 
county,  and  keeps  plats  of  the  surveys  on  file  in  his  office. 
He  determines  the  proper  location  by  monument  and  boun- 
dary lines  and  makes  surveys  to  establish  corner  of  tracts 
when  in  dispute  between  owners.  He  receives  eight  dollars 
a  day  for  actual  service.  (Sec.  1184.) 

The  Sheriff  in  person  or  by  his  deputies  serves  and 
executes  according  to  law  all  processes,  writs,  precepts  and 
orders  issued  out  of  any  court  of  record  in  his  county,  in 
all  criminal  and  civil  cases.  He  preserves  and  keeps  the 
peace  in  his  county  and  suppresses  all  riots,  unlawful  assem- 
blies and  insurrections.  In  securing  any  person  for  felony 
or  breach  of  peace  he  may  call  to  his  aid  such  persons  as 
he  may  deem  necessary.  His  salary  is  from  eighteen  to 
twelve  hundred  dollars  a  year  according  to  the  class  of 
county,  and  fees  from  parties  from  whom  he  has  rendered 
service  in  serving  and  returning  any  writ  or  orders  of 
attachment  or  other  service  in  civil  cases.  (Sec.  mi.) 

The  County  Treasurer  collects  all  of  the  taxes  and  keeps 
a  record  of  the  receipts  and  expenditures  of  the  county. 
He  is  custodian  of  the  county  funds  and  issues  warrants  for 
the  county's  obligations.  The  State  taxes  from  his  county 


172  THE    GOVERNMENT    OF    WYOMING. 

are  paid  him  and  he  pays  them  to  the  State  treasurer.  The 
salary  is  from  eighteen  hundred  to  one  thousand  dollars. 
(Sec.  1083.) 

The  County  and  Prosecuting  Attorney  appears  in  the 
district  court  in  behalf  of  the  State  and  county  he  repre- 
sents, in  all  indictments,  suits  and  proceedings  to  which 
the  State  or  the  people  of  the  county  may  be  a  party.  He 
is  the  legal  adviser  of  the  county  officials,  giving  his  opinion 
upon  all  questions  of  law  having  reference  to  the  duties  of 
such  officers.  His  salary  varies  from  fifteen  hundred  to 
six  hundred  dollars,  according  to  the  class  of  the  county. 
(Sec.  1103.  ) 

The  Superintendent  of  Schools.  (See  Education.) 
The  county  commissioners  divide  their  county  into  assess- 
ment districts  and  appoint  an  assessor  for  each  district ;  they 
also  appoint  a  supervising  assessor.  The  term  of  office 
is  for  one  year.  The  assessors  enter  upon  their  duties  the 
first  day  in  April  of  each  year.  The  district  assessor  obtains 
a  list  of  every  kind  of  property,  real  and  personal,  in  his 
district  which  is  subject  to  taxation,  unless  the  valuation 
has  been  fixed  and  limited  by  the  State  Board  of  Equaliza- 
tion. These  assessment  schedules  are  sent  to  the  super- 
vising assessor  of  the  county,  who  makes  up  the  county 
assessment  roll  from  these  schedules  and  furnishes  the 
county  commissioners  with  a  copy.  The  supervising 
assessor  has  his  office  at  the  county  seat,  and  keeps  a  list  of 
the  property  in  his  county  subject  to  taxation  as  returned  to 
him  by  these  district  assessors.  The  district  assessors  make 
a  census  schedule  of  their  districts  containg  a  list  of  every 
person,  their  color,  sex,  age,  nativity,  citizenship,  occupation 
and  education,  and  also  general  information  as  to  the  acres 
of  land  under  cultivation,  what  crops  are  grown,  the  amount 
of  live  stock,  the  quantity  of  merchandise  and  manufactured 
goods,  the  value  of  the  precious  metals  and  the  kind  mined 


THE    ADMINISTRATION    OF    AFFAIRS.  173 

and  sold.  These  reports  are  sent  to  the  supervising  assessor, 
who  in  turn  sends  to  the  Secretary  of  State  a  complete  state- 
ment of  the  facts  obtained.  From  these  data  the  Secretary 
compiles  a  report  upon  the  resources  of  the  State  and  has 
it  published  in  pamphlet  form  for  free  distribution,  to  give 
general  information  about  the  State.  The  supervising 
assessor  receives  an  annual  salary  of  five  to  three  hundred 
dollars  and  the  district  assessor  three  to  one  hundred  and 
fifty  dollars,  according  to  the  class  of  the  county.  (S.  L. 
1903,  Ch.  79.) 

The  Coroner  holds  inquests  upon  all  persons  who  have 
died  by  unlawful  means,  the  cause  of  whose  death  is  un- 
known, or  who  have  died  by  violence.  It  is  his  duty  when 
he  finds  the  dead  body  of  any  person  who  has  died  by 
unnatural  means  to  summon  three  citizens  to  act  as  jurors 
at  the  inquest.  The  jurors  hear  the  testimony  and  make 
needful  inquiries  in  reference  to  the  deceased  and  return 
to  the  coroner  their  verdict  as  to  when  and  how  and  by  what 
means  the  death  occurred.  If  the  jurors  find  a  crime  has 
been  committed  on  the  deceased  and  believe  that  they  know 
the  offender,  the  coroner  has  power  to  issue  a  warrant  to  the 
sheriff  to  have  the  offending  party  arrested  and  taken  before 
the  justice  of  the  peace  for  trial.  The  coroner's  salary 
is  five  dollars  a  day  when  actually  employed.  When  the 
sheriff  is  a  party  to  a  cause  or  proceeding,  the  coroner 
becomes  the  acting  sheriff.  (Sec.  1170.) 

The  Justices  of  the  Peace  (See  Administration  of  Jus- 
tice and  Judicial  Department.) 

The  Constables  are  elected  by  the  people  of  the  precincts 
and  not  by  the  entire  county.  Each  precinct  is  entitled  to  a 
constable.  Their  duties  are  to  serve  and  execute  all  war- 
rants and  writs  delivered  to  them  by  the  justice  of  the 
peace  of  their  precinct.  They  arrest  and  bring  to  justice  all 
felons  and  disturbers  and  violators  of  the  criminal  laws  of 


174  THE     GOVERNMENT     OF    WYOMING. 

the  State  and  suppress  all  riots  and  unlawful  assemblies. 
The  salary  attached  to  this  office  is  regulated  by  the  popula- 
tion of  the  incorporated  city  or  town  forming  a  part  of  the 
precinct.  If  the  precinct  is  not  embraced  in  any  incor- 
poration, the  constables  receive  fees  for  their  services.  ( Sec. 
4316,  4523.) 

The  Clerk  of  the  District  Court  keeps  the  dockets,  jour- 
nals, record  books  and  papers  relating  to  the  proceedings 
of  the  district  court  of  his  county  and  records  its  proceed- 
ings. He  issues  writs  and  orders  as  directed  by  the  court 
and  keeps  a  record  of  all  verdicts  and  judgments  and 
attaches  the  court  seal  to  all  official  papers.  The  clerk 
receives  a  salary  of  twelve  hundred  dollars  a  year  in  counties 
where  the  assessed  valuation  is  more  than  five  million  dol- 
lars. In  counties  having  a  less  valuation  the  county  clerk 
acts  as  ex-officio  clerk  without  extra  compensation.  (Sec. 
3416,  3429.) 

QUESTIONS. 

1.  Who  made  the  laws  governing  your  locality? 

2.  What  is  meant  by  the  term  incorporated  town? 

3.  How  do  you  distinguish  between  a  town  and  a  city? 

4.  Why  are  cities  and  counties  divided  into  first,  second  and 
third  classes? 

5.  If  you  wished  to  have  your  neighbor  repair  his  sidewalks, 
which  were  in  a  dangerous  condition,  how  would  you  proceed 
to   accomplish   this? 

6.  Who  is  the  chief  executive  of  a  city? 

7.  Name  the  city  officers.     What  are  their  duties? 

8.  Who  levies  taxes  where  you  live? 

9.  Explain    the    process    by    which    a    public    park    could    be 
started  in  a  city.     Who  regulates  affairs  of  this  nature? 

10.  Who  has  control  of  the  poor  in  your  locality?     How  are 
they  taken  care  of  and  at  whose  expense? 

11.  Who  takes  the  census  of  a  city  and  county? 

12.  May  a  city  or  county  contract  a  debt?     If  so,  who  is  re- 
sponsible for  it? 

13.  Name  and  locate  the  counties  and  their  county-seats. 


THE    ADMINISTRATION    OF    AFFAIRS.  175 

14.  What  is  the  population  of  your  county?     For  whom  or 
what  was  it  named? 

15.  What  is  a  Legislative  District? 

16.  Who    are    the    members    of   the    Legislature    from    your 
county? 

17.  When  does  the  term  of  office  commence  for  county  offi- 
cers?    How  long  is  their  term  of  office? 

18.  Explain  what  the  County  Commissioners  have  done  for 
your  locality. 

19.  What  are  the  duties  of  the  County  and  Prosecuting  At- 
torney? 

20.  Name  the  county  officers  and  their  duties. 

REFERENCES. 

(See  Chapter  XXII.) 


CHAPTER    XXII. 

GOVERNMENT  IN  THE  DISTRICT,  TOWN,  CITY,  COUNTY  AND 
STATE. — Continued. 

5.     THE  STATE. 

The  State  Officers  and  their  duties,  as  provided  by  the 
Constitution,  have  been  enumerated  (Part  II).  The  Legis- 
lature has  exercised  its  authority  and  has  created  other 
State  offices,  which  are  filled  by  appointment  from  the  Gover- 
nor and  confirmed  by  the  Senate.  The  Governor  has  power 
to  fill  any  vacancy  which  may  occur  in  a  State  office  when 
the  Legislature  is  not  in  session.  The  appointment  lasts 
until  the  next  session  of  the  Legislature,  when  the  officer 
is  reappointed  or  a  new  appointment  is  made.  If  the  office  is 
elective,  the  term  is  until  the  next  general  election. 

The  Attorney  -  General  must  be  an  attorney  and  have 
practiced  law  in  the  State  for  at  least  four  years  and  be  in 
good  standing  in  the  courts  of  record  in  the  State.  He 
is  the  legal  adviser  of  all  the  State  officers,  and  of  the 
prosecuting  attorneys  of  the  State  and  gives  legal  opinions 
upon  questions  submitted  to  him  by  the  Legislature  when 
in  session.  He  prosecutes  and  defends  all  suits  that  may  be 
instituted  by  or  against  the  State,  which  are  not  otherwise 
provided  for  by  law.  He  defends  all  suits  brought  against 
the  State  officers  in  their  official  relations,  except  suits 
brought  against  them  by  the  State  and  he  represents  the 
State  in  all  criminal  cases  in  the  Supreme  Court.  When 
a  complaint  or  charge  is  made  by  the  Governor  of  miscon- 
duct in  office  by  any  of  the  county  officers  the  matter  is 
placed  in  charge  of  the  Attorney-General  to  investigate. 
A  report  of  this  investigation  and  his  recommendations 
are  given  to  the  district  court  of  the  county.  When  county 
officers  refuse  to  obey  instructions  of  the  State  Examiner, 
the  Attorney-General  has  the  power  to  take  action  and 


THE    ADMINISTRATION    OF    AFFAIRS.  177 

enforce  a  compliance  with  the  Examiner's  instructions.  He 
has  power  to  commence  action  in  the  district  courts  and  to 
dissolve  banking  associations  that  are  violating  the  privi- 
leges of  their  franchise  and  to  enforce  the  provisions  which 
regulate  foreign  corporations  in  the  State.  He  approves, 
assisted  by  the  Governor,  of  the  investment  in  bonds  of  the 
permanent  fund  arising  from  the  sale  of  State  lands.  He 
is  appointed  for  four  years  and  his  salary  is  two  thousand 
dollars  a  year.  (R.  S.,  Sees.  94-100,  127,  140,  605,  3101 ; 
S.  L.  1901,  Ch.  83,  Sec.  4;  1903,  Chs.  30,  40,  Sec.  2.) 

The  Veterinarian  who  is  appointed  for  two  years,  must 
be  a  graduate  of  a  college  of  veterinary  surgery  and  a  com- 
petent surgeon  in  this  science.  He  investigates  cases  of 
contagious  and  infectious  diseases  among  the  cattle  of  the 
State.  He  has  authority  to  investigate  stock  that  are  being 
imported  in  or  through  the  State.  No  animals  pronounced 
unsound  by  the  Veterinary  can  be  turned  loose,  but  are  held 
subject  to  his  orders.  He  has  power  to  have  all  diseased 
animals  killed.  It  is  unlawful  to  sell  or  give  away  or  kill 
for  butcher  purposes  an  animal  affected  with  contagious 
disease.  The  salary  is  eighteen  hundred  dollars.  (Sec.  145.) 

The  Board  of  Live  Stock  Commissioners  is  composed 
of  three  members,  who  hold  their  office  for  a  term  of  two 
years.  They  must  be  actual  owners  of  live  stock,  or  owners 
of  stock  in  a  company  having  live  stock  running  at  large 
upon  the  public  lands  of  the  State.  The  board  has  general 
supervision  over  the  live  stock  of  the  State  and  protects  the 
stock  interests  from  theft  and  disease.  It  divides  the  State 
into  "  round-up "  districts,  and  appoints  a  commissioner 
for  each  of  these  districts,  who  looks  after  the  interests  of  the 
stockmen  of  their  respective  districts.  The  board  also 
appoints  inspectors  for  the  better  protection  of  the  live  stock 
interests  and  places  them  at  such  places  as  will  most  effec- 
tively prevent  the  violation  of  any  of  the  State  laws  for  the 
protection  of  stock.  A  secretary  is  appointed  for  the  board, 


178  THE     GOVERNMENT     OF    WYOMING. 

who  keeps  a  list  of  the  brands  of  the  owners  of  live  stock 
in  the  State.  He  also  keeps  a  list  of  the  estrays.  (Estrays 
are  live  stock  the  owners  of  which  are  unknown.)  A 
brand  is  the  individual  mark  of  a  live  stock  owner.  This 
mark,  or  character,  or  letters,  is  burned  on  the  animal's 
skin.  In  this  way  the  stockmen  can  claim  their  stock  when 
different  herds  are  running  at  large  on  the  range.  Anyone 
who  alters  or  defaces  a  brand  on  any  cattle  commits  a 
penitentiary  offense,  punishable  from  six  months  to  five 
years  in  prison.  (Sec.  4989.)  All  brands  must  be  recorded 
in  the  office  of  the  county  clerk  of  the  county  where  the 
cattle  range,  or  feed. 

A  stockman  is  authorized  to  sell  an  estray,  provided  he 
remits  to  the  secretary  of  this  board  the  amount  received 
for  the  sale.  This  money  is  refunded  to  the  owner  of  the 
animal  if  satisfactory  proof  is  given  of  the  ownership.  If 
no  ownership  is  established,  the  proceeds  of  the  sale  go 
into  the  general  fund  of  the  State.  The  commissioners 
receive  no  salary.  Their  necessary  incidental  expenses  are 
paid  to  the  amount  of  one  thousand  dollars  a  year.  (Sec. 
2017.) 

The  Board  of  Sheep  Commissioners  consists  of  three 
members,  who  must  be  owners  of  sheep  and  residents  of  the 
State.  They  serve  for  two  years.  Their  duties  are  the 
general  supervision  of  the  sheep  interests  of  the  State. 
They  protect  them  from  theft  and  disease  and  they  make 
recommendations  to  the  Legislature  that  will  foster  and 
develop  this  industry.  They  have  the  authority  to  appoint 
sheep  inspectors,  who  act  under  the  directions  of  the  board 
and  the  State  Veterinarian.  Inspectors  examine  bands  of 
sheep  and  ascertain  whether  they  are  free  from  scab  or 
other  disease.  The  inspectors  have  authority  to  quarantine 
sheep  infected  with  such  contagious  disease  and  require 
the  owners  to  treat  the  sheep.  This  is  accomplished  by  the 
process  of  dipping  the  animals  in  a  chemical  solution  and 


THE    ADMINISTRATION    OF    AFFAIRS.  179 

freeing  them  from  their  difficulty.  The  cattle  and  sheep 
industry  is  the  leading  one  in  this  State,  and  many  more  laws 
are  enacted  for  the  better  protection  of  stock-raising  than 
are  necessary  in  those  States  where  this  industry  is  of 
minor  importance. 

The  board  receives  no  salary,  but  the  inspectors  are  paid 
five  dollars  a  day  for  actual  service.  (Sec.  2074.)  The 
Board  of  Live  Stock  and  Sheep  Commissioners  cooperate 
with  the  Secretary  of  Agriculture  of  the  United  States  in  the 
attempt  to  suppress  and  prevent  pleuro-pneumonia  and  con- 
tagious diseases  among  domestic  animals.  Inspectors  of 
the  United  States  Bureau  of  Animal  Industry  have  the  same 
power  in  this  State  as  our  State  Veterinarian  and  stock  in- 
spectors. (S.  L.  1903,  Ch.  61.) 

Through  the  efforts  of  the  stockmen  an  act  has  been 
passed  by  the  Legislature  to  encourage  the  destruction  of 
wild  animals  who  live  on  other  animals.  Cattle  and  sheep 
are  killed  by  these  animals,  and  a  bounty  is  offered  for  the 
destruction  of  each  and  every  one ;  for  a  coyote  so  destroyed, 
one  dollar  and  fifty  cents ;  for  each  gray  or  black  wolf  or 
mountain  lion,  five  dollars.  The  entire  skin  of  each  animal 
with  all  four  paws  attached  thereto  is  presented  to  the 
county  clerk  or  notary  public  of  the  county  in  which  the 
animal  was  killed.  The  clerk  issues  a  certificate  for  the 
person  presenting  the  skins,  stating  the  number  and  kind  of 
animals  killed  and  the  sum  to  be  received ;  the  county  clerk 
cuts  off  each  paw  and  makes  a  punch  mark  in  the  ears  of 
each  skin  presented  and  forwards  a  statement  of  the  fact 
to  the  State  Auditor,  with  the  necessary  certificate  as  to 
the  animals  destroyed  and  by  whom.  The  State  warrant 
is  drawn  in  favor  of  the  one  who  presented  the  skins,  and 
sent  to  the  county  clerk  for  delivery  to  the  owner.  The  last 
appropriation  made  under  this  act  was  forty  thousand  dol- 
lars, but  it  was  all  spent  in  bounties  long  before  the  meeting 
of  the  next  Legislature,  when  another  appropriation  might 
be  made.  (S.  L.  1903,  Ch.  43.) 


180  THE     GOVERNMENT     OF    WYOMING. 

The  State  Librarian  is  appointed  for  two  years.  His 
office,  the  State  library,  is  situated  in  the  capitol  building 
at  Cheyenne.  He  has  charge  of  all  books  and  papers  of  the 
State  which  properly  belong  to  the  library  and  keeps  a  file 
of  all  the  papers  published  in  the  State.  Many  of  the  books 
in  the  library  are  journals,  legislative  documents  and 
statutes,  books  of  great  value  for  reference  and  use  to  the 
legal  profession.  By  legislative  enactment  the  State  library 
is  designated  as  the  State  Law  Library.  (R.  S.,  Sec.  475.) 

All  books,  maps  and  charts  designed  and  intended  for  the 
use  of  this  State  must  be  deposited  with  the  State  Librarian. 
Fifteen  thousand  acres  of  land  from  the  260,000  acres 
donated  to  the  State  for  State,  charitable,  educational,  penal 
and  reformatory  institutions  are  set  aside  for  the  use  of  the 
State  law  library. 

The  Librarian  has  supervision  over  the  Miscellaneous 
State  Library,  the  books  of  which  are  kept  with  those  of 
the  law  library.  This  library  also  has  fifteen  thousand 
acres  set  aside  for  its  use.  (Sec.  455.) 

The  United  States  Government  adopts  standard  weights, 
measures  and  balances,  and  this  State  has  adopted  and 
established  them  as  the  legal  public  standard  for  scales. 
These  standards  of  measurement  are  sent  by  the  United 
States  to  all  of  the  States  and  placed  in  the  care  of  some 
officer,  who  acts  as  custodian  of  the  property  and  uses  them 
to  test  and  verify  the  weights,  measures  and  balances  of 
those  who  use  them  in  mercantile  business.  The  State 
Librarian  acts  as  the  superintendent  in  this  State.  (Sec. 
2308.)  The  Librarian  receives  a  salary  of  twelve  hundred 
dollars  a  year.  (S.  L.  1903,  Ch.  87.) 

County  commissioners  are  empowered  to  establish  and 
maintain  county  libraries  at  the  expense  of  the  tax  payers 
of  the  county  in  which  the  library  is  situated.  Before  the 
tax  can  be  levied,  the  citizens  of  the  county  must  give  a  bond 
that  a  suitable  place  will  be  permanently  furnished  for  the 


THE    ADMINISTRATION    OF    AFFAIRS.  181 

protection  of  the  books  and  for  the  use  of  a  public  library; 
then  the  county  commissioners  may  levy  an  annual  tax  of  not 
less  than  one-eighth  nor  more  than  one-half  of  a  mill  on  the 
property  of  the  county  for  the  support  of  the  library  to  be 
located  at  the  county  seat.     The  citizens  must  pay  rent  for 
a  proper  building,  the  tax  pays  all  of  the  other  expenses. 
A  board  of  trustees  consisting  of  three  members  is  appointed 
by  the  county  commissioners,  the  term  of  office  for  each 
is  for  three  years.    The  trustees  buy  the  books  and  appoint 
the   librarian   and   regulate   the   compensation   for   service. 
Every  county  library  is  for  the  free  use  of  the  citizens  of  the 
county.     (Sec.  1019.)     All  of  the  counties  have  not  taken 
advantage  of  this  law  but  those  which  have  do  not  question 
the  benefits  derived  from  this  form  of  public  education.  Next 
to  the  public  schools  the  libraries  are  the  wisest  form  of 
popular,    public    education,    the    results    depending   largely 
upon  the  wisdom  of  the  trustees  and  the  librarian  in  their 
selection  of  books  and  rules  governing  the  use  of  the  library. 
The  county  commissioners  of  Laramie,  Albany,  Uinta  and 
Sheridan  county  have  each  accepted  a  gift  from  Mr.  Andrew 
Carnegie  for  the  erection  of  a  public  library.    The  donation 
was  given  on  the  condition  that  the  county  commissioners  of 
Laramie  county  would  annually  expend  for  the  use  of  the  li- 
brary a  sum  of  three  thousand  dollars,  or  one-sixth  of  the 
sum  appropriated,  which  was  $50,000,  and,  that  the  other 
counties  would  annually  raise  one-tenth  of  the  sum  given  for 
their  libraries.     Albany  county  received  $20,000.     Mr.  Car- 
negie now  makes  it  a  rule  not  to  give  any  library  donations 
unless  one-tenth  of  the  sum  to  be  given  is  raised  by  tax  and 
expended  annually  for  library  purposes. 

A  city  council  may  make  provision  to  pay  part  of  the  ex- 
penses of  a  county  library  situated  within  its  limits,  when 
the  building  for  the  use  of  the  library  has  been  donated. 
(S.  L.  1903,  Ch.  88.)  Some  towns  have  public  libraries 
which  are  maintained  largely  through  the  individual  efforts 


182  THE     GOVERNMENT     OF    WYOMING. 

of  the  local  citizens.  There  are  also  traveling  libraries  which 
are  sent  from  one  ranch  to  another  for  public  use.  The 
university  believing  that  education  and  a  library  are  insep- 
arable, has  maintained  a  liberal  policy  towards  its  library 
and  has  in  fourteen  years  accumulated  a  library  of  twenty 
thousand  valuable  volumes. 

The  Wyoming  Historical  Society  is  under  the  control  of 
a  board  of  trustees,  consisting  of  six  members  each  appoint- 
ed for  six  years,  and  the  Governor,  Secretary  of  State  and 
Librarian  who  act  as  ex-officio  members.  The  object  of 
this  society  is  to  collect  and  preserve  all  records  that  relate 
to  the  history  of  the  State.  The  board  is  instructed  to  col- 
lect publications  illustrative  of  the  history  of  Wyoming  and 
the  northwest ;  to  procure  from  pioneers  narrations  of  their 
exploits,  perils  and  adventures ;  to  collect  all  facts  possible 
about  the  Indians  who  have  been  and  are  in  the  State ;  to 
preserve  fossils,  ores  and  minerals  and  objects  of  curiosity 
connected  with  the  State's  history.  The  valuable  collection 
of  this  society  is  in  the  capitol  building.  (Sec.  481.)  The 
officers  receive  no  compensation  for  their  services. 

The  State  is  divided  into  two  fish  hatchery  districts.  Dis- 
trict number  one  embraces  the  southern  and  central  coun- 
ties, and  number  two  the  northern  counties.  The  headquar- 
ters of  number  one  is  at  Laramie,  and  number  two  at  Sheri- 
dan, where  the  respective  superintendents  reside.  The  Gov- 
ernor appoints  the  superintendents  who  hold  office  for  four 
years.  They  have  entire  control  of  the  waters  of  their  dis- 
trict in  regard  to  the  collection,  propagation,  culture,  dis- 
tribution and  protection  of  fish.  It  is  their  duty  to  examine 
the  streams  of  the  State  not  naturally  stocked  with  fish  and 
judge  of  their  adaptability  for  fish,  and  to  stock  same  if 
suitable.  After  a  stream  is  thus  stocked  it  is  unlawful  to 
fish  in  same  for  a  period  of  two  years,  unless  the  stream  has 
a  natural  supply  of  trout  in  addition  to  those  placed  there 
by  the  superintendent.  In  May  of  each  year  the  superin- 


THE    ADMINISTRATION    OF    AFFAIRS.  185 

tendents  notify  the  county  commissioners  of  the  number  of 
young  fish  they  have  for  distribution  for  each  county.  The 
county  commissioners  instruct  the  superintendents  what 
streams  they  wish  stocked  and  the  distribution  is  made.  The 
fish  are  sent  by  the  thousands  in  large  cans  specially  con- 
structed for  the  purpose  to  the  several  counties,  the  super- 
intendents personally  making  the  distribution.  The  super- 
intendents act  as  fish  wardens  and  have  charge  of  the  en- 
forcement of  all  laws  of  this  State  relating  to  fish.  They 
have  power  to  arrest  without  warrant  anyone  violating  the 
fish  laws.  It  is  unlawful  to  sell  any  of  the  game  fish  in  the 
State,  or  for  any  person  to  catch  in  one  day  more  than  twenty 
pounds  of  game  fish.  Any  contrivance  to  prevent  the  free 
passage  of  fish  up  and  down  and  through  the  waters  is  pro- 
hibited, and  dams  must  be  constructed  with  fish  ways  to 
allow  the  free  and  uninterrupted  passage  of  the  fish.  It  is 
unlawful  to  kill  trout  or  black  bass  that  are  less  than  six 
inches  in  length,  or  to  use  explosives  or  poison  to  destroy 
the  fish.  Ponds  and  lakes  containing  fish  owned  by  private 
parties  are  protected  in  the  same  way  as  the  public  streams. 
The  fishing  season  is  from  the  first  of  June  to  the  last  of 
September,  except  in  the  Big  Horn  and  North  Platte  riv- 
ers and  their  tributaries,  where  fishing  may  commence  the 
first  of  May.  The  streams  are  stocked  with  abundant  food 
fish  through  the  efforts  of  this  industry  of  the  State.  Sun- 
dance, Lander  and  Saratoga,  each,  has  a  branch  hatchery. 
The  superintendents  each  receive  twelve  hundred  dollars  a 
year.  (Sec.  2127.) 

The  State  Game  Warden  holds  his  appointive  office  for 
four  years.  His  duties  are  to  protect  the  game  and  fish 
of  the  State  and  to  enforce  the  laws  relating  thereto.  He 
has  the  power  to  appoint  three  assistant  game  wardens  to 
help  him  in  enforcing  the  provisions  of  the  game  law.  Not 
more  than  one  assistant  can  be  appointed  from  any  one 
county  and  the  salary  of  each  is  nine  hundred  dollars  a  year. 


186  THE     GOVERNMENT     OF    WYOMING. 

The  duties  of  the  game  warden  are  the  protection  of  the 
game  and  fish  from  needless  destruction.  The  open  season 
when  partridges,  pheasants,  prairie  chickens  may  be  shot  is 
from  September  first  to  December  first,  and  sage  chickens 
and  grouse  from  July  fifteenth  to  October  fifteenth.  Duck 
and  geese  may  be  shot  from  the  first  of  September  to  the 
first  of  May.  No  moose,  martin  or  beaver  may  be  killed 
until  the  year  1912,  and  buffalo  cannot  be  killed  or  captured 
at  any  time.  The  open  season  for  deer,  elk,  antelope,  moun- 
tain sheep  and  goats  and  bear  is  from  the  fifteenth  of  Sep- 
tember to  the  fifteenth  of  November.  No  resident  in  the 
State  can  hunt  any  of  this  larger  game  outside  of  the  county 
in  which  he  lives  without  a  gun  license  obtained  from  the 
Justice  of  the  Peace  of  the  county  in  which  the  hunter  re- 
sides upon  the  payment  of  one  dollar.  A  non-resident  of  the 
State  must  pay  the  sum  of  fifty  dollars  for  a  gun  license  to 
kill  any  of  the  animals  or  game  birds  in  the  State.  The 
number  of  animals  that  can  be  killed  by  any  one  person 
during  one  season,  is  two,  except  the  mountain  sheep  and 
goats,  where  only  one  of  each  is  allowed.  It  is  unlawful 
to  sell  any  of  the  wild  game.  The  game  warden  receives 
fifteen  hundred  dollars  per  annum.  (S.  L.  1903,  Ch.  44.) 

The  State  Board  of  Health  consists  of  three  members, 
one  of  whom  must  be  a  physician.  If  there  is  only  one  physi- 
cian on  the  board  he  acts  as  secretary  and  executive  officer 
of  the  board.  The  term  of  office  is  four  years.  The  board 
selects  a  practicing  physician  in  each  county  who  acts  as  the 
county  health  officer.  The  State  board  is  authorized  to  have 
a  general  oversight  over  the  interests  of  health  and  life 
among  the  people  of  the  State.  It  makes  sanitary  investiga- 
tions respecting  the  causes  of  disease  and  epidemics,  the 
causes  of  death  and  the  effects  of  localities,  employment 
and  other  circumstances  bearing  upon  the  public  health. 
The  members  investigate  as  to  the  causes  of  contagious  and 
infectious  diseases  that  threaten  the  public  safety.  They 


PEDIOCETES   PHASIANELLUS   CAMPESTRIS. 
(Prairie  Sharp-tailed  Grouse.) 

A   type  ffamebircl  of  Wyoming. 


THE    ADMINISTRATION    OF    AFFAIRS.  189 

have  authority  to  inspect  for  sanitary  purposes  the  public 
hospitals,  prisons,  schools  or  other  public  institutions  and 
suggest  any  needed  changes  in  the  drainage,  water  supply, 
heating  or  ventilation.  The  State  board  and  local  health 
officer  co-operate  in  their  efforts  to  prevent  the  spread  of 
disease  and  for  the  protection  of  life  and  the  promotion  of 
health.  When  small-pox,  cholera,  typhoid  or  scarlet  fever, 
diphtheria  or  other  contagious  diseases  which  are  a  menace 
to  the  public  exist  it  is  the  duty  of  the  county  health  officer 
to  notify  the  secretary  of  the  State  board,  when  the  county 
health  officer  may  be  directed  to  quarantine  the  city,  town 
or  place,  where  the  disease  exists.  Any  expenditure  neces- 
sary for  the  maintenance  of  such  quarantine,  in  the  nature 
of  clothing,  provisions,  construction  of  a  pest-house  or  police 
officers,  to  maintain  and  enforce  the  quarantine,  is  paid  by 
the  county  commissioners.  The  State  board  may  adopt 
measures  for  the  general  vaccination  of  the  public  of  a  local- 
ity when  it  deems  it  necessary.  Any  one  refusing  to  be  vac- 
cinated is  subject  to  a  fine  or  imprisonment.  It  is  the  duty 
of  every  practicing  physician  to  notify  the  State  board  when 
contagious  or  infectious  diseases  exist.  Their  failure  to 
report  any  such  case  is  a  misdemeanor.  Anyone  escaping 
from  quarantine,  established  by  law,  is  guilty  of  a  felony 
and  is  subject  to  a  punishment  of  not  more  than  five  years 
in  the  penitentiary.  The  members  of  the  State  board  each 
receive  two  hundred  dollars  a  year,  but  the  secretary  receives 
ten  dollars  a  day  when  doing  actual  service  and  the  county 
health  officers  eight  dollars  a  day.  (S.  L.  1901,  Ch.  55,  1903, 
Ch.  94.) 

To  better  protect  the  health  of  the  inhabitants  of  the  State 
a  pure  food  law  has  been  enacted.  The  professor  of  chem- 
istry at  the  State  University  is  the  State  Chemist  whose 
duty  it  is  to  make  a  chemical  analysis  of  foods,  drinks,  drugs, 
or  illuminating  oils  as  may  be  submitted  to  him  for  this  pur- 
pose. The  board  of  trustees  of  the  university  is  authorized 


190  THE     GOVERNMENT    OF    WYOMING. 

to  appoint  an  assistant  to  the  chemist  who  may  perform  any 
duties  required  of  the  State  Chemist.  The  law  prohibits 
the  sale  of  any  adulterated  drugs,  articles  of  food,  drink  or 
illuminating  oil.  The  State  Board  of  Health  and  Medical 
Examiners  appoint  ex-officio  city  health  officers  who  are 
directed  to  collect  samples  for  examination  and  analysis  and 
send  them  to  the  State  Chemist.  (S.  L.  1903,  Ch.  83.) 

The  sale  and  storage  of  all  explosives  are  regulated  by 
law.  Nitro-glycerine,  powder  and  other  high  explosives 
must  be  stored  in  a  magazine  provided  for  that  purpose  alone 
and  oils  and  other  inflammable  matter  must  be  kept  in  a 
building  erected  for  the  purpose  and  at  a  safe  distance  from 
other  buildings.  (S.  L.  1903,  Ch.  70.)  It  is  unlawful  to 
sell,  except  on  the  written  prescription  of  a  regular  practic- 
ing physician,  any  drugs  that  induce  delirium ;  this  includes 
cocaine,  opium  and  chloral  hydrate.  (Ch.  98.)  Minors  or 
persons  under  twenty-one  years  of  age  are  prohibited  from 
frequenting  saloons  or  gambling  places,  and  the  sale  of 
liquor  and  cigarettes  or  tobacco  in  any  of  its  forms  to  them 
is  a  violation  of  the  law,  and  the  seller  is  subject  to  a  fine  of 
ten  to  fifty  dollars.  (R.  S.  Sec.  5068,  5069.) 

The  State  Board  of  Medical  Examiners  consists  of  three 
physicians,  who  hold  office  for  a  term  of  four  years.  The 
duties  of  the  board  are  to  examine  and  pass  upon  the  quali- 
fications and  fitness  of  persons  who  desire  to  practice  medi- 
cine or  surgery ;  to  examine  applicants  who  wish  to  prac- 
tice their  science  in  the  State  and  to  issue  certificates  to 
those  who  have  successfully  passed  the  examination,  which 
certificate  gives  them  the  authority  to  practice  in  this  State ; 
to  pass  upon  the  sufficiency  of  a  diploma  received  by  the 
applicant  from  some  established  and  recognized  medical 
college  which  will  exempt  them  from  this  examination.  (Sec. 
2189.)  This  board  has  the  power  to  revoke  the  license  of  a 
physician  if  he  is  guilty  of  unprofessional  conduct.  The 
members  of  this  board  are  paid  five  dollars  a  day  for  service. 
(S.  L.  1903,  Ch.  98.) 


THE    ADMINISTRATION    OF    AFFAIRS.  191 

Only  those  who  are  registered  pharmacists  may  sell  or 
compound  drugs,  medicines  or  poisons. 

A  registered  pharmacist  is  one  who  is  a  graduate  from  a 
school  of  pharmacy,  or  has  been  licensed  as  a  pharmacist. 
The  Governor  appoints  a  commission  of  pharmacy  consist- 
ing of  three  members  who  hold  office  for  six  years.  They 
examine  applicants  for  registration  and  grant  certificates 
which  must  be  conspicuously  placed  in  view  in  the  place  of 
business  occupied  by  the  pharmacist.  The  members  receive 
five  dollars  when  actually  employed  in  service.  (Sec.  2213.) 

A  person  desiring  to  practice  dentistry  in  the  State  must 
be  a  graduate  from  a  reputable  dental  college  and  the  di- 
ploma must  be  made  a  matter  of  record  in  the  county  clerk's 
office  of  the  county  in  which  the  dentist  is  to  practice.  (R. 
S.,  Sec.  2209.) 

An  attorney-at-law  is  a  lawyer,  who  is  employed  by  some 
one  to  act  in  his  behalf.  He  is  a  person  who  represents  the 
party  engaging  him  at  the  courts  of  justice.  In  Wyoming 
there  is  a  State  Board  of  Law  Examiners,  consisting  of  five 
members  of  the  bar  appointed  by  the  Supreme  Court  and 
who  hold  office  for  three  years.  An  applicant  for  admis- 
sion to  the  bar  must  present  his  petition  to  the  Supreme 
Court  and  it  refers  the  same  to  this  State  Board  for  exam- 
ination and  recommendation.  The  examination  questions 
and  answers  are  sent  to  the  court  by  the  board  and  if  the 
court  finds  the  applicant  to  be  qualified  to  discharge  the 
duties  of  an  attorney,  and  is  of  good  moral  character,  an 
order  is  entered  admitting  him  to  practice  in  all  the  courts 
of  the  State.  No  one  may  be  examined  who  is  not  at  least 
twenty-one  years  of  age,  a  citizen  of  the  United  States,  and 
a  resident  of  Wyoming,  and  who  has  not  studied  law  at  least 
three  years.  Attorneys  who  have  practiced  in  the  highest 
court  of  any  other  State  may,  at  the  discretion  of  the  Su- 
preme Court,  be  admitted  to  practice  in  the  State  without 
examination.  (Sec.  3304.) 


192  THE     GOVERNMENT    OF    WYOMING. 

The  State  Board  of  Charities  and  Reform  consists  of 
the  Governor,  Secretary  of  State,  Treasurer,  Auditor  and 
Superintendent  of  Public  Instruction.  The  board  has  gen- 
eral supervision  and  control  of  all  charitable,  reformatory 
and  penal  institutions  established  by  the  State;  the  general 
custody,  charge  and  control  of  all  buildings  and  grounds 
used  for  these  purposes  (except  the  poor  farm  at  Lander), 
and  the  general  charge  and  supervision  of  all  county  jails 
in  the  State.  This  supervision  includes  the  insane  asylum, 
the  penitentiary,  deaf  and  dumb  asylum,  the  general  hospi- 
tal, the  soldiers  and  sailors'  home  and  the  Big  Horn  Hot 
Springs.  The  district  court  of  any  county  may  commit  to 
the  care  and  guardianship  of  the  house  of  refuge  and  re- 
form, or  to  an  industrial  school  any  child  under  the  age  of 
sixteen  who  has  been  convicted  for  an  offense,  except  homi- 
cide, to  be  educated,  trained  and  reformed.  The  State 
Board  of  Charities  and  Reforms  determines  from  time  to 
time  where  such  juvenile  delinquents  shall  be  placed  as  there 
is  no  house  or  school  of  this  nature  in  the  State.  The  cost 
of  supporting  this  class  is  paid  by  the  State  and  cannot  ex- 
ceed five  dollars  a  week  for  each  child.  (Sees.  632,  700, 
49340 

The  Land  Boards  known  as  the  State  Board  of  School 
Land  Commissioners  and  the  State  Board  of  Land  Com- 
missioners are,  the  former,  presided  over  by  the  Governor, 
Secretary  of  State,  Treasurer  and  Superintendent  of  Public 
Instruction;  and.  the  latter,  by  the  Governor,  Superintend- 
ent and  Secretary  of  State. 

The  School  Land  Commissioners  have  direction  and  con- 
trol of  the  leasing,  selection  and  disposal  of  all  lands  be- 
longing to  the  State  to  be  used  for  public  schools.  The 
Land  Commissioners  have  the  control  and  care  of  all  other 
lands  granted  or  acquired  by  the  State.  The  Superintend- 
ent of  Public  Instruction  is  the  secretary  and  Register  of 
both  boards.  He  is  general  custodian  of  all  of  the  papers, 


THE    ADMINISTRATION    OF    AFFAIRS.  193 

records  and  transactions  of  these  land  boards.  (S.  L.  1903, 
Ch.  78.) 

The  Board  of  Control  composed  of  the  State  Engineer 
and  his  four  water  division  superintendents,  in  addition  to 
its  duties  in  relation  to  the  waters  of  the  State,  constitutes 
a  special  commission  to  select  and  locate  all  lands  which  are 
now  or  may  be  hereafter  granted  to  the  State  by  the  United 
States.  (R.  S.  Sec.  788.)  (See  Irrigation.) 

The  Secretary  of  State,  Treasurer  and  Auditor  constitute 
a  Board  of  Equalization  of  the  taxes  for  the  State.  It  is 
the  duty  of  the  board  to  examine  the  assessments  of  the  vari- 
ous counties  so  far  as  regards  taxes  and  equalize  the  valua- 
tion of  real  property  among  the  several  counties  and  towns, 
and  notify  each  county  clerk  of  the  rate  of  the  State  tax 
determined  upon  by  the  board  to  be  levied  and  collected  in 
each  county.  (Sec.  1784.) 

YELLOWSTONE  NATIONAL  PARK. 

Lewis  and  Clark  had  in  their  party,  which  explored  to 
the  mouth  of  the  Columbia  river,  a  trapper  and  hunter  by 
the  name  of  John  Colter.  When  the  expedition  returned 
from  the  Pacific  Coast  Colter  severed  his  connection  with 
the  explorers  when  in  the  region  «of  the  Yellowstone  River, 
in  Montana,  and  traveled  south  with  two  trappers  into  Wyo- 
ming and  discovered  what  is  now  known  as  the  Yellowstone 
National  Park.  In  1872  by  act  of  Congress  this  natural 
wonderland  was  set  aside  as  a  National  Park  and  placed 
under  the  jurisdiction  of  the  United  States.  This  park  was 
created  as  a  National  reserve  in  order  to  preserve  its  for- 
ests and  its  game  and  in  order  to  have  it  remain  as  a  public 
domain  for  the  benefit  and  enjoyment  of  the  people.  The 
park  is  under  the  supervision  of  the  United  States  Secretary 
of  the  Interior,  who  has  authority  to  make  all  rules  and  reg- 
ulations for  its  government.  The  local  superintendent  is 
an  officer  of  the  United  States  army  and  resides  at  Mammoth 


194  THE    GOVERNMENT    OF    WYOMING. 

Hot  Springs.  In  Wyoming's  Act  of  Admission  in  1890 
exclusive  control  and  jurisdiction  over  the  park  were  ac- 
knowledged to  belong  to  the  United  States.  No  settler  is 
permitted  to  reside  within  the  park  and  strict  regulations 
are  in  force  as  to  fishing  and  hunting  within  its  boundaries. 
Bear,  antelope,  mountain  sheep,  buffalo,  bison,  elk  and  deer 
make  their  homes  in  the  park  where  they  are  undisturbed 
by  the  people  who  live  out  of  the  State  or  by  those  living 
in  Wyoming. 

QUESTIONS. 

1.  What  State  officers  are  elected?    When,  by  whom  and  for 
what  length  of  time? 

2.  What  State  officers  are  appointed,  by  whom,  when  and  for 
what  periods? 

3.  What    relation    does    the    Attorney-General    bear    to    the 
County  Attorneys  of  the  State? 

4.  What  are  the  advantages  of  having  a  Veterinarian? 

5.  Explain  the  practical  work  done  by  the  Stdck  and  Sheep 
Commissioners. 

6.  What  is  the  "bounty  law"?     Has  it  been  of  any  benefit  to 
your  locality? 

7.  Have  you  a  County  Library?     Why?     Has  an  effort  ever 
been  made  to  organize  one?     Where  is  the  State  Library  lo- 
cated? 

8.  Describe  the  purpose  of  our  Fish  Hatcheries.     When  is 
the  legal  fishing  season? 

9.  Who  guards  the  game  in  the  State?     What  animals  are 
prohibited  from  being  shot?    Why  these  and  not  others?    When 
is  the  open  season? 

10.  What  are  the  duties  of  the  State  Board  of  Health?    Have 
they  ever  exercised  their  powers  in  your  locality? 

11.  Who  is  the  State  Chemist?     What  foods  are  most  easily 
adulterated? 

12.  Why  does  the  State  have  a  Board  of  Medical  Examiners? 
Of  Law  Examiners? 

13.  What   advantage   is   it  to   have   pharmacists   and   dentists 
registered? 


THE    ADMINISTRATION    OF    AFFAIRS.  195 

14.  Explain  the  duties  of  the  Board  of  Charities  and  Reform. 
Where  are  the  juvenile  delinquents  of  the  State  sent  for  correc- 
tion?   Where  do  we  send  our  deaf,  dumb  and  blind? 

15.  Locate  the  public  buildings  of  the  State. 

16.  State  the  duties  of  the  Land  Commissioners. 

17.  Has  the  Board  of  Control  any  judicial  duties? 

18.  What  is  the  purpose  of  the  Board  of  Equalization? 

19.  Why  does  the  State  not  own  the  Yellowstone  Park? 

20.  What  other  lands  are  reserved  by  the  National  Govern- 
ment in  Wyoming? 

REFERENCES. 

Wyoming  Revised  Statutes,  1899,  Session  Laws,  1901,  1903. 

Hinsdale,  The  American  Government,  Ch.  LV. 

Kellogg  and  Taylor,  The  Government  of  the  State  and  Na- 
tion, pp.  28-53. 

Ashley,  The  American  Federal  State,  Ch.  XX. 

Wilson,  The  State,  Sees.  1033,  1040,  1209,  1259. 

Fiske,  Civil  Government,  pp.  116-139. 

Bryce,  The  American  Commonwealth  I,  Chs.  50,  52;  II,  Chs. 
88,  89. 

James  and  Sanford,  Government  in  State  and  Nation,  Ch.  IV. 

Hart,  Actual   Government,  pp,   166-214. 

Cooley,  Constitutional  Limitations,  Ch.  VIII. 

Jones,  Northwestern  Wyoming,  Including  Yellowstone  Na- 
tional Park  (Government  Publication). 

Chittenden,  Yellowstone  National  Park. 

Muir,  Our  National  Parks. 


APPENDIX  A 

THE  CONSTITUTION 
OF  WYOMING 


CONSTITUTION  OF  THE  STATE  OF 
WYOMING. 

Adopted  by  the  People  at  a  General  Election  held  November  5,  1889. 

PREAMBLE. 

We,  the  people  of  the  state  of  Wyoming,  grateful  to  God  for  our 
civil,  political  and  religious  liberties,  and  desiring  to  secure  them  to 
ourselves  and  perpetuate  them  to  our  posterity,  do  ordain  and  estab- 
lish this  constitution. 

ARTICLE     I. 
Declaration  of  Bights. 

Section  1.  All  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety  and  happiness;  for  the  advancement  of  these  ends 
they  have  at  all  times  an  inalienable  and  indefeasible  right  to  alter, 
reform  or  abolish  the  government  in  such  manner  as  they  may 
think  proper. 

Sec.  2.  In  their  inherent  right  to  life,  liberty  and  the  pursuit  of 
happiness,  all  members  of  the  human  race  are  equal. 

Sec.  3.  Since  equality  in  the  enjoyment  of  natural  and  civil  rights 
is  made  sure  only  through  political  equality,  the  laws  of  this  state 
affecting  the  political  rights  and  privileges  of  its  citizens  shall  be 
without  distinction  of  race,  color,  sex,  or  any  circumstance  or  con- 
dition whatsoever  other  than  individual  incompetency,  or  unworthi- 
ness  duly  ascertained  by  a  court  of  competent  jurisdiction. 

Sec.  4.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreasonable  searches  and  seiz- 
ures shall  not  be  violated,  and  no  warrant  shall  issue  but  upon 
probable  cause,  supported  by  affidavit,  particularly  describing  the 
place  to  be  searched  or  the  person  or  thing  to  be  seized. 

Sec.  5.  No  person  shall  be  imprisoned  for  debt  except  in  cases 
of  fraud. 

Sec.  6.  No  person  shall  be  deprived  of  life,  liberty  or  property 
without  due  process  of  law. 

Sec.  7.  Absolute,  arbitrary  power  over  the  lives,  liberty  and  prop- 
erty of  freemen  exists  nowhere  in  a  republic,  not  even  in  the  largest 
majority. 

Sec.  8.  All  courts  shall  be  open  and  every  person  for  an  injury 
done  to  person,  reputation  or  property  shall  have  justice  adminis- 
tered without  sale,  denial  or  delay.  Suits  may  be  brought  against 
the  state  in  such  manner  and  in  such  courts  as  the  legislature  may 
by  law  direct. 

Sec.  9.  The  right  of  trial  by  jury  shall  remain  inviolate  in  criminal 
cases,  but  a  jury  in  civil  cases  in  all  courts,  or  in  criminal  cases  in 
courts  not  of  record,  may  consist  of  less  than  twelve  men,  as  may 


200  THE     GOVERNMENT    OF    WYOMING. 

be  prescribed  by  law.  Hereafter  a  grand  jury  may  consist  of  twelve 
men,  any  nine  of  whom  concurring  may  find  an  indictment,  but  the 
legislature  may  change,  regulate  or  abolish  the  grand  jury  system. 

Sec.  10.  In  all  criminal  prosecutions  the  accused  shall  have  the 
right  to  defend  in  person  and  by  counsel,  to  demand  the  nature  and 
cause  of  the  accusation,  to  have  a  copy  thereof,  to  be  confronted 
with  the  witnesses  against  him,  to  have  compulsory  process  served 
for  obtaining  witnesses,  and  to  a  speedy  trial  by  an  impartial  jury 
of  the  county  or  district  in  which  the  offense  is  alleged  to  have  been 
committed. 

Sec.  11.  No  person  shall  be  compelled  to  testify  against  himself 
in  any  criminal  case,  nor  shall  any  person  be  twice  put  in  jeopardy 
for  the  same  offense.  If  the  jury  disagree,  or  if  the  judgment  be 
arrested  after  a  verdict,  or  if  the  judgment  be  reversed  for  error 
in  law,  the  accused  shall  not  be  deemed  to  have  been  in  jeopardy. 

Sec.  12.  No  person  shall  be  detained  as  a  witness  in  any  criminal 
prosecution  longer  than  may  be  necessary  to  take  his  testimony 
or  deposition,  nor  be  confined  in  any  room  where  criminals  are 
imprisoned. 

Sec.  13.  Until  otherwise  provided  by  law,  no  person  shall,  for  a 
felony,  be  proceeded  against  criminally,  otherwise  than  by  indict- 
ment, except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia  when  in  actual  service  in  time  of  war  or  public  danger. 

Sec.  14.  All  persons  shall  be  bailable  by  sufficient  sureties,  except 
for  capital  offenses  when  the  proof  is  evident  or  the  presumption 
great.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  shall  cruel  or  unusual  punishment  be  inflicted. 

Sec.  15.  The  penal  code  shall  be  framed  on  the  humane  principles 
of  reformation  and  prevention. 

Sec.  16.  No  person  arrested  and  confined  in  jail  shall  be  treated 
with  unnecessary  rigor.  The  erection  of  safe  and  comfortable 
prisons,  and  inspection  of  prisons,  and  the  humane  treatment  of 
prisoners  shall  be  provided  for. 

Sec.  17.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless,  when  in  case  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  18.  The  free  exercise  and  enjoyment  of  religious  profession 
and  worship  without  discrimination  or  preference  shall  be  forever 
guaranteed  in  this  state,  and  no  person  shall  be  rendered  incompe- 
tent to  hold  any  office  of  trust  or  profit,  or  to  serve  as  a  witness  or 
juror,  because  of  his  opinion  on  any  matter  of  religious  belief  what- 
ever; but  the  liberty  of  conscience  hereby  secured  shall  not  be 
so  construed  as  to  excuse  acts  of  licentiousness  or  justify  practices 
inconsistent  with  the  peace  or  safety  of  the  state. 

Sec.  19.  No  money  of  the  state  shall  ever  be  given  or  appropriated 
to  any  sectarian  or  religious  society  or  institution. 

Sec.  20.  Every  person  may  freely  speak,  write  and  publish  on 
all  subjects,  being  responsible  for  the  abuse  of  that  right;  and  in 
all  trials  for  libel,  both  civil  and  criminal,  the  truth,  when  published 
with  good  intent  and  for  justifiable  ends,  shall  be  a  sufficient  defense, 
the  jury  having  the  right  to  determine  the  facts  and  the  law,  under 
direction  of  the  court. 


THE    CONSTITUTION    OF    WYOMING.  201 

Sec.  21.  The  right  of  petition,  and  of  the  people  peaceably  to 
assemble  to  consult  for  the  common  good,  and  to  make  known  their 
opinions,  shall  never  be  denied  or  abridged. 

Sec.  22.  The  rights  of  labor  shall  have  just  protection  through 
laws  calculated  to  secure  to  the  laborer  proper  rewards  for  his 
service  and  to  promote  the  industrial  welfare  of  the  state. 

Sec.  23.  The  right  of  citizens  to  opportunities  for  education 
should  have  practical  recognition.  The  Legislature  shall  suitably 
encourage  means  and  agencies  calculated  to  advance  the  sciences 
and  liberal  arts. 

Sec.  24.  The  right  of  citizens  to  bear  arms  in  defense  of  them- 
selves and  of  the  state  shall  not  be  denied. 

Sec.  25.  The  military  shall  ever  be  in  strict  subordination  to 
the  civil  power.  No  soldier  in  time  of  peace  shall  be  quartered  in 
any  house  without  consent  of  the  owner,  nor  in  time  of  war  except 
in  the  manner  prescribed  by  law. 

Sec.  26.  Treason  against  the  state  shall  consist  only  in  levying 
war  against  it,  or  in  adhering  to  its  enemies,  or  in  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  court;  nor  shall  any  person  be  attainted  of  treason  by  the 
legislature. 

Sec.  27.  Elections  shall  be  open,  free  and  equal,  and  no  power, 
civil  or  military,  shall  at  any  time  interfere  to  prevent  an  untram- 
meled  exercise  of  the  right  of  suffrage. 

Sec.  28.  No  tax  shall  be  imposed  without  the  consent  of  the  people 
or  their  authorized  representatives.  All  taxation  shall  be  equal 
and  uniform. 

Sec.  29.  No  distinction  shall  ever  be  made  by  law  between  resi- 
dent aliens  and  citizens  as  to  the  possession,  taxation,  enjoyment  and 
descent  of  property. 

Sec.  30.  Perpetuities  and  monopolies  are  contrary  to  the  genius 
of  a  free  state,  and  shall  not  be  allowed.  Corporations  being  the 
creatures  of  the  state,  endowed  for  the  public  good  with  a  portion 
of  its  sovereign  powers,  must  be  subject  to  its  control. 

Sec.  31.  Water  being  essential  to  industrial  prosperity,  of  limited 
amount,  and  easy  of  diversion  from  its  natural  channels,  its  control 
must  be  in  the  state,  which,  in  providing  for  its  use,  shall  equally 
guard  all  the  various  interests  involved. 

Sec.  32.  Private  property  shall  not  be  taken  for  private  use  unless 
by  consent  of  the  owner,  except  for  private  ways  of  necessity,  and 
for  reservoirs,  drains,  flumes,  or  ditches  on  or  across  the  lands  of 
others  for  agricultural,  mining,  milling,  domestic  or  sanitary  pur- 
poses, nor  in  any  case  without  due  compensation. 

Sec.  33.  Private  property  shall  not  be  taken  or  damaged  for 
public  or  private  use  without  just  compensation. 

Sec.  34.  All  laws  of  a  general  nature  shall  have  a  uniform  oper- 
ation. 

Sec.  35.  No  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion of  contracts,  shall  ever  be  made. 


202  THE     GOVERNMENT    OF    WYOMING. 

Sec.  36.  The  enumeration  in  this  constitution,  of  certain  rights 
shall  not  be  construed  to  deny,  impair,  or  disparage  others  retained 
by  the  people. 

Sec.  37.  The  state  of  Wyoming  is  an  inseparable  part  of  the 
Federal  Union,  and  the  constitution  of  the  United  States  is  the 
supreme  law  of  the  land. 

ARTICLE      H. 
Distribution  of  Powers. 

Section  1.  The  powers  of  the  government  of  this  state  are  divided 
into  three  distinct  departments:  the  legislative,  executive  and 
judicial,  and  no  person  or  collection  of  persons  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of  these  departments 
shall  exercise  any  powers  properly  belonging  to  either  of  the  others, 
except  as  in  this  constitution  expressly  directed  or  permitted. 

ARTICLE      III. 

Legislative  Department. 

Section  1.  The  legislative  power  shall  be  vested  in  a  senate  and 
house  of  representatives,  which  shall  be  designated  "  The  Legisla- 
ture of  the  State  of  Wyoming." 

Sec.  2.  Senators  shall  be  elected  for  the  term  of  four  (4)  years 
and  representatives  for  the  term  of  two  (2)  years.  The  senators 
elected  at  the  first  election  shall  be  divided  by  lot  into  two  classes 
as  nearly  equal  as  may  be.  The  seats  of  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  two  years,  and  of  the 
second  class  at  the  expiration  of  four  years.  No  person  shall  be  a 
senator  who  has  not  attained  the  age  of  twenty-five  years,  or  a 
representative  who  has  not  attained  the  age  of  twenty-one  years, 
and  who  is  not  a  citizen  of  the  United  States  and  of  this  state  and 
who  has  not,  for  at  least  twelve  months  next  preceding  his  election 
resided  within  the  county  or  district  in  which  he  was  elected. 

Sec.  3.  Each  county  shall  constitute  a  senatorial  and  represen- 
tative district;  the  senate  and  house  of  representatives  shall  be 
composed  of  members  elected  by  the  legal  voters  of  the  counties 
respectively,  every  two  (2)  years.  They  shall  be  apportioned  among 
the  said  counties  as  nearly  as  may  be  according  to  the  number  of 
their  inhabitants.  Each  county  shall  have  at  least  one  senator  and 
one  representative;  but  at  no  time  shall  the  number  of  members 
of  the  house  of  representatives  be  less  than  twice  nor  greater  than 
three  times  the  number  of  members  of  the  senate.  The  senate 
and  house  of  representatives  first  elected  in  pursuance  of  this  con- 
stitution shall  consist  of  sixteen  and  thirty-three  members  respec- 
tively. 

Sec.  4.  When  vacancies  occur  in  either  house  by  death,  resigna- 
tion or  otherwise,  such  vacancy  shall  be  filled  for  the  remainder  of 
the  term  by  special  election,  to  be  called  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  5.  Members  of  the  senate  and  house  of  representatives  shall 
be  elected  on  the  day  provided  by  law  for  the  general  election  of 
a  member  of  congress,  and  their  term  of  office  shall  begin  on  the 
first  Monday  of  January  thereafter. 


U.  :TY 

THE    CONSTITUTION    OF    WYOMING.  203 

Sec.  6.  Each  member  of  the  first  legislature,  as  a  compensation 
for  his  services,  shall  receive  five  dollars  for  each  day's  attendance, 
and  fifteen  cents  for  each  mile  traveled  in  going  to  and  returning  from 
the  seat  of  government  to  his  residence  by  the  usual  traveled  route, 
and  shall  receive  no  other  compensation,  perquisite  or  allowance 
whatever.  No  session  of  the  legislature  after  the  first,  which  may 
be  sixty  days,  shall  exceed  forty  days.  After  the  first  session  the 
compensation  of  the  members  of  the  legislature  shall  be  as  provided 
by  law;  but  no  legislature  shall  fix  its  own  compensation. 

Sec.  7.  The  legislature  shall  meet  at  the  seat  of  government  at 
twelve  o'clock,  noon,  on  the  second  Tuesday  of  January,  next  suc- 
ceeding the  general  election  provided  by  law,  and  at  twelve  o'clock, 
noon,  on  the  second  Tuesday  of  January  of  each  alternate  year  there- 
after, and  at  other  times  when  convened  by  the  governor. 

Sec.  8.  No  senator  or  representative  shall,  during  the  term  for 
which  he  was  elected,  be  appointed  to  any  civil  office  under  the 
state,  and  no  member  of  congress  or  other  person  holding  an  office 
(except  that  of  notary  public  or  an  office  in  the  militia)  under  the 
United  States  or  this  state,  shall  be  a  member  of  either  house 
during  his  continuance  in  office. 

Sec.  9.  No  member  of  either  house  shall,  during  the  term  for 
which  he  was  elected,  receive  any  increase  of  salary  or  mileage 
under  any  law  passed  during  that  term. 

Sec.  10.  The  senate  shall,  at  the  beginning  and  close  of  each 
regular  session  and  at  such  other  times  as  may  be  necessary,  elect 
one  of  its  members  president;  the  house  of  representatives  shall 
elect  one  of  its  members  speaker;  each  house  shall  choose  its  own 
officers,  and  shall  judge  of  the  election  returns  and  qualifications 
of  its  members. 

Sec.  11.  A  majority  of  each  house  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members  in  such  manner  and 
under  such  penalties  as  each  house  may  prescribe. 

Sec.  12.  Each  house  shall  have  power  to  determine  the  rules  of 
its  proceedings,  and  to  punish  its  members  or  other  persons  for 
contempt  or  disorderly  behavior  in  its  presence;  to  protect  its 
members  against  violence  or  offers  of  bribes  or  private  solicitation, 
and  with  the  concurrence  of  two-thirds,  to  expel  a  member,  and 
shall  have  all  other  powers  necessary  to  the  legislature  of  a  free 
state.  A  member  expelled  for  corruption  shall  not  thereafter  be 
eligible  to  either  house  of  the  legislature,  and  punishment  for 
contempt  or  disorderly  behavior  shall  not  bar  a  criminal  prosecution 
for  the  same  offence. 

Sec.  13.     Each  house  shall  keep  a  journal  of  its  proceedings  and 
may,  in  its  discretion,  from  time  to  time,  publish  the  same,  except 
such  parts  as  require  secrecy,  and  the  yeas  and  nays  on  any  ques- 
tion, shall,  at  the  request  of  two  members,  be  entered  on  the  journal. 
Sec.  14.     The  sessions  of  each  house  and  of  the  committee  of  the 
whole  shall  be  open  unless  the  business  is  such  as  requires  secrecy. 
Sec.  15.     Neither   house   shall,   without   the   consent  of   the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  houses  shall  be  sitting. 


204  THE     GOVERNMENT    OF    WYOMING. 

Sec.  16.  The  members  of  the  legislature  shall,  in  all  cases,  ex- 
cept treason,  felony,  violation  of  their  oath  of  office  and  breach  of 
the  peace,  be  privileged  from  arrest  during  their  attendance  at  the 
sessions  of  their  respective  houses,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  17.  The  sole  power  of  impeachment  shall  vest  in  the  house 
of  representatives;  the  concurrence  of  a  majority  of  all  the  mem- 
bers being  necessary  to  the  exercise  thereof.  Impeachment  shall 
be  tried  by  the  senate  sitting  for  that  purpose,  and  the  senators 
shall  be  upon  oath  or  affirmation  to  do  justice  according  to  law 
and  evidence.  When  the  governor  is  on  trial,  the  chief  justice  of 
the  supreme  court  shall  preside.  No  person  shall  be  convicted  with- 
out a  concurrence  of  two-thirds  of  the  senators  elected. 

Sec.  18.  The  governor  and  other  state  and  judicial  officers  except 
justices  of  the  peace,  shall  be  liable  to  impeachment  for  high 
crimes  and  misdemeanors,  or  malfeasance  in  office,  but  judgment 
in  such  cases  shall  only  extend  to  removal  from  office  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust  or  profit  under  the  laws 
of  the  state.  The  party,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  prosecution,  trial,  judgment  and  punish- 
ment according  to  law. 

Sec.  19.  All  officers  not  liable  to  impeachment  shall  be  subject 
to  removal  for  misconduct  or  malfeasance  in  office,  in  such  manner 
as  may  be  provided  by  law. 

Sec.  20.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  or  amended  on  its  passage  through  either  house  as  to 
change  its  original  purpose. 

Sec.  21.  The  enacting  clause  of  every  law  shall  be  as  follows: 
"Be  it  Enacted  by  the  Legislature  of  the  State  of  Wyoming." 

Sec.  22.  No  bill  for  the  appropriation  of  money,  except  for  the 
expenses  of  the  government,  shall  be  introduced  within  five  (5) 
days  of  the  close  of  the  session,  except  by  unanimous  consent  of  the 
house  in  which  it  is  sought  to  be  introduced. 

Sec.  23.  No  bill  shall  be  considered  or  become  a  law  unless 
referred  to  a  committee,  returned  therefrom  and  printed  for  the 
use  of  the  members. 

Sec.  24.  No  bill,  except  general  appropriation  bills  and  bills  for 
the  codification  and  general  revision  of  the  laws,  shall  be  passed 
containing  more  than  one  subject,  which  shall  be  clearly  expressed 
in  its  title;  but  if  any  subject  is  embraced  in  any  act  which  is 
not  expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  so  expressed. 

Sec.  25.  No  bill  shall  become  a  law.  except  by  a  vote  of  a  major- 
ity of  all  the  members  elected  to  each  house,  nor  unless  on  its  final 
passage  the  vote  taken  by  ayes  and  noes,  and  the  names  of  those 
voting  be  entered  on  the  journal. 

Sec.  26.  No  law  shall  be  revised  or  amended,  or  the  provisions 
thereof  extended  by  reference  to  its  title  only,  but  so  much  thereof 
as  is  revised,  amended  or  extended,  shall  be  re-enacted  and  pub- 
lishd  at  length. 


THE    CONSTITUTION    OF    WYOMING.  205 

Sec.  27.  The  legislature  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say:  For  granting 
divorces;  laying  out,  opening,  altering  or  working  roads  or  high- 
ways; vacating  roads,  town  plats,  streets,  alleys  or  public  grounds; 
locating  or  changing  county  seats;  regulating  county  or  township 
affairs;  incorporation  of  cities,  towns  or  villages;  or  changing 
or  amending  the  charters  of  any  cities,  towns  or  villages;  regulat- 
ing the  practice  in  courts  of  justice;  regulating  the  jurisdiction 
and  duties  of  justices  of  the  peace,  police  magistrates  or  constables; 
changing  the  rules  of  evidence  in  any  trial  or  inquiry;  providing 
for  changes  of  venue  in  civil  or  criminal  cases;  declaring  any  person 
of  age;  for  limitation  of  civil  actions;  giving  effect  to  any  informal 
or  invalid  deeds;  summoning  or  impaneling  grand  or  petit  juries; 
providing  for  the  management  of  common  schools;  regulating  the 
rate  of  interest  on  money;  the  opening  or  conducting  of  any  elec- 
tion or  designating  the  place  of  voting;  the  sale  or  mortgage  of 
real  estate  belonging  to  minors  or  others  under  disability;  charter- 
ing or  licensing  ferries  or  bridges  or  toll  roads;  chartering  banks, 
insurance  companies  and  loan  and  trust  companies;  remitting  fines, 
penalties  or  forfeitures;  creating,  increasing,  or  decreasing  fees, 
percentages  or  allowances  of  public  officers;  changing  the  law  of 
descent;  granting'  to  any  corporation,  association  or  individual, 
the  right  to  lay  down  railroad  tracks,  or  any  special  or  exclusive 
privilege,  immunity  or  franchise  whatever,  or  amending  existing 
charter  for  such  purpose;  for  punishment  of  crimes;  changing 
the  names  of  persons  or  places;  for  the  assessment  or  collection 
of  taxes;  affecting  estates  of  deceased  persons,  minors  or  others 
under  legal  disabilities;  extending  the  time  for  the  collection  of 
taxes;  refunding  money  paid  into  the  state  treasury;  relinquish- 
ing or  extinguishing,  in  whole  or  part,  the  indebtedness,  liabilities 
or  obligation  of  any  corporation  or  person  to  this  state  or  to  any 
municipal  corporation  therein;  exempting  property  from  taxation; 
restoring  to  citizenship  persons  convicted  of  infamous  crimes; 
authorizing  the  creation,  extension  or  impairing  of  liens;  creating 
offices  or  prescribing  the  powers  or  duties  of  offices  in  counties, 
cities,  townships  or  school  districts;  or  authorizing  the  adoption 
or  legitimation  of  children.  In  all  other  cases  where  a  general 
law  can  be  made  applicable  no  special  law  shall  be  enacted. 

Sec.  28.  The  presiding  officer  of  each  house  shall,  in  the  presence 
of  the  house  over  which  he  presides,  sign  all  bills  and  joint  resolu- 
tions passed  by  the  legislature  immediately  after  their  titles  have 
been  publicly  read,  and  the  fact  of  signing  shall  be  at  once  entered 
upon  the  journal. 

Sec.  29.  The  legislature  shall  prescribe  by  law  the  number,  duties 
and  compensation  of  the  officers  and  employes  of  each  house,  and  no 
payment  shall  be  made  from  the  state  treasury,  or  be  in  any  way 
authorized  to  any  such  person  except  to  an  acting  officer  or  employe 
elected  or  appointed  in  pursuance  of  law. 

Sec.  30.  No  bill  shall  be  passed  giving  any  extra  compensation 
to  any  public  officer,  servant  or  employe,  agent  or  contractor,  after 
services  are  rendered  or  contract  made. 


206  THE     GOVERNMENT    OF    WYOMING. 

Sec.  31.  All  stationery,  printing,  paper,  fuel  and  lights  used  in 
the  legislature  and  other  departments  of  government,  shall  be  fur- 
nished, and  the  printing  and  binding  of  the  laws,  journals  and 
department  reports  and  other  printing  and  binding,  and  the  repair- 
ing and  furnishing  of  the  halls  and  rooms  used  for  the  meeting 
of  the  legislature  and  its  committees  shall  be  performed  under  con- 
tract, to  be  given  to  the  lowest  responsible  bidder,  below  such 
maximum  price  and  under  such  regulations  as  may  be  prescribed 
by  law.  No  member  or  officer  of  any  department  of  the  govern- 
ment shall  be  in  any  way  interested  in  any  such  contract;  and 
all  such  contracts  shall  be  subject  to  the  approval  of  the  governor 
and  state  treasurer. 

Sec.  32.  Except  as  otherwise  provided  in  this  constitution,  no 
law  shall  extend  the  term  of  any  public  officer  or  increase  or  dimin- 
ish his  salary  or  emolument  after  his  election  or  appointment;  but 
this  shall  not  be  construed  to  forbid  the  legislature  from  fixing 
the  salaries  or  emoluments  of  those  officers  first  elected  or  appointed 
under  this  constitution,  if  such  salaries  or  emoluments  are  not  fixed 
by  its  provisions. 

Sec.  33.  All  bills  for  raising  revenue  shall  originate  in  the  house 
of  representatives;  but  the  senate  may  propose. amendments,  as  in 
case  of  other  bills. 

Sec.  34.  The  general  appropriation  bills  shall  embrace  nothing 
but  appropriations  for  the  ordinary  expenses  of  the  legislative, 
executive  and  judicial  departments  of  the  state,  interest  on  the 
public  debt,  and  for  public  schools.  All  other  appropriations  shall 
be  made  by  separate  bills,  each  embracing  but  one  subject. 

Sec.  35.  Except  for  interest  on  public  debt,  money  shall  be  paid 
out  of  the  treasury  only  on  appropriations  made  by  the  legislature, 
and  in  no  case  otherwise  than  upon  warrant  drawn  by  the  proper 
officer  in  pursuance  of  law. 

Sec.  36.  No  appropriation  shall  be  made  for  charitable,  indus- 
trial, educational  or  benevolent  purposes  to  any  person,  corporation 
or  community  not  under  the  absolute  control  of  the  state,  nor  to  any 
denominational  or  sectarian  institution  or  association. 

Sec.  37.  The  legislature  shail  not  delegate  to  any  special  com- 
missioner, private  corporation  or  association,  any  power  to  make, 
supervise  or  interfere  with  any  municipal  improvements,  moneys, 
property  or  effects,  whether  held  in  trust  or  otherwise,  to  levy 
taxes,  or  to  perform  any  municipal  functions  whatever. 

Sec.  38.  No  act  of  the  legislature  shall  authorize  the  investment 
of  trust  funds  by  executors,  administrators,  guardians  or  trustees, 
in  the  bonds  or  stock  of  any  private  corporation. 

Sec.  39.  The  legislature  shall  have  no  power  to  pass  any  law 
authorizing  the  state  or  any  county  in  the  state  to  contract  any  debt 
or  obligation  in  the  construction  of  any  railroad,  or  give  or  loan  its 
credit  to  or  in  aid  of  the  construction  of  the  same. 

Sec.  40.  No  obligation  or  liability  of  any  person,  association  or 
corporation,  held  or  owned  by  the  state,  or  any  municipal  corpor- 
ation therein,  shall  ever  be  exchanged,  transferred,  remitted,  released 
or  postponed,  or  in  any  way  diminished  by  the  legislature;  nor  shall 
such  liability  or  obligation  be  extinguished,  except  by  the  payment 
thereof  into  the  proper  treasury. 


THE    CONSTITUTION    OF    WYOMING.  207 

Sec.  41.  Every  order,  resolution  or  vote,  in  which  the  concurrence 
of  both  houses  may  be  necessary,  except  on  the  question  of  adjourn- 
ment, or  relating  solely  to  the  transaction  of  the  business  of  the  two 
houses,  shall  be  presented  to  the  governor,  and  before  it  shall  take 
effect  be  approved  by  him,  or,  being  disapproved,  be  repassed  by  two- 
thirds  of  both  houses  as  prescribed  in  the  case  of  a  bill. 

Sec.  42.  If  any  person  elected  to  either  house  of  the  legislature 
shall  offer  or  promise  to  give  his  vote  or  influence  in  favor  of  or 
against  any  measure  or  proposition,  pending  or  to  be  introduced 
into  the  legislature,  in  consideration  or  upon  condition  that  any 
other  person  elected  to  the  same  legislature  will  give,  or  promise 
or  assent  to  give  his  vote  or  influence  in  favor  of  or  against  any 
other  measure  or  proposition  pending  or  proposed  to  be  introduced 
into  such  legislature,  the  person  making  such  offer  or  promise  shall 
be  deemed  guilty  of  solicitation  of  bribery.  If  any  member  of  the 
legislature  shall  give  his  vote  or  influence  for  or  against  any  meas- 
ure or  proposition  pending  or  to  be  introduced  in  such  legislature, 
or  offer,  promise  or  assent  thereto,  upon  condition  that  any  other 
member  will  give  or  will  promise  or  assent  to  give  his  vote  or 
influence  in  favor  of  or  against  any  other  measure  or  proposition 
pending  or  to  be  introduced  in  such  legislature,  or  in  consideration 
that  any  other  member  has  given  his  vote  or  influence  for  or  against 
any  other  measure  or  proposition  in  such  legislature,  he  shall  be 
deemed  guilty  of  bribery,  and  any  member  of  the  legislature,  or 
person  elected  thereto,  who  shall  be  guilty  of  either  of  such  offences, 
shall  be  expelled  and  shall  not  thereafter  be  eligible  to  the  legis- 
lature, and  on  conviction  thereof  in  the  civil  courts  shall  be  liable 
to  such  further  penalty  as  may  be  prescribed  by  law. 

Sec.  43.  Any  person  who  shall  directly  or  indirectly  offer,  give  or 
promise  any  money  or  thing  of  value,  testimonial,  privilege  or  per- 
sonal advantage,  to  any  executive  or  judicial  officer  or  member  of 
the  legislature,  to  influence  him  in  the  performance  of  any  of  his 
official  duties  shall  be  deemed  guilty  of  bribery,  and  be  punished  in 
such  manner  as  shall  be  provided  by  law. 

Sec.  44.  Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person  who  may 
be  charged  with  having  committed  the  offense  of  bribery  or  cor- 
rupt solicitation,  or  practices  of  solicitation,  and  shall  not  be  per- 
mitted to  withhold  his  testimony  upon  the  ground  that  it  may 
criminate  himself,  or  subject  him  to  public  infamy;  but  such  tes- 
timony shall  not  afterwards  be  used  against  him  in  any  judicial 
proceeding,  except  for  perjury  in  giving  such  testimony,  and  any 
person  convicted  of  either  of  the  offenses  aforesaid  shall,  as  part 
of  the  punishment  therefor,  be  disqualified  from  holding  any  office 
or  position  of  honor,  trust  or  profit  in  this  state. 

Sec.  45.  The  offense  of  corrupt  solicitation  of  members  of  the 
legislature  or  of  public  officers  of  the  state,  or  of  any  municipal 
division  thereof,  and  the  occupation  or  practice  of  solicitation  of 
such  members  or  officers  to  influence  their  official  action  shall  be 
defined  by  law  and  shall  be  punishable  by  fine  and  imprisonment. 


208  THE     GOVERNMENT    OF    WYOMING. 

Sec.  46.  A  member  who  has  a  personal  or  private  interest  in 
any  measure  or  bill  proposed  or  pending  before  the  legislature  shall 
disclose  the  fact  to  the  house  of  which  he  is  a  member,  and  shall 
not  vote  thereon. 

APPORTIONMENT. 

Section  1.  One  representative  in  the  congress  of  the  United 
States  shall  be  elected  from  the  state  at  large,  the  Tuesday  next 
after  the  first  Monday  in  November,  1890,  and  thereafter  at  such 
times  and  places,  and  in  such  manner  as  may  be  prescribed  by  law. 
When  a  new  apportionment  shall  be  made  by  congress,  the  legis- 
lature shall  divide  the  state  into  congressional  districts  accordingly. 

Sec.  2.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  of  the  state  in  the  year  1895,  and  every  tenth  year 
thereafter,  and  at  the  session  next  following  such  enumeration, 
and  also  at  the  session  next  following  an  enumeration  made  by  the 
authority  of  the  United  States,  shall  revise  and  adjust  the  appor- 
tionment for  senators  and  representatives,  on  a  basis  of  such 
enumeration  according  to  ratios  to  be  fixed  by  law. 

Sec.  3.  Representative  districts  may  be  altered  from  time  to  time 
as  public  convenience  may  require.  When  a  representative  district 
shall  be  composed  of  two  or  more  counties,  they  shall  be  contiguous, 
and  the  districts  as  compact  as  may  be.  No  county  shall  be  divided 
in  the  formation  of  representative  districts. 

Sec.  4.  Until  an  apportionment  of  senators  and  representatives 
as  otherwise  provided  by  law,  they  shall  be  divided  among  the  sev- 
eral counties  of  the  state  in  the  following  manner: 

Albany   county,    two   senators   and   five   representatives. 

Carbon  county,  two  senators  and  five  representatives. 

Converse   county,   one   senator   and   three   representatives. 

Crook  county,   one  senator  and   two  representatives. 

Fremont  county,   one   senator   and   two   representatives. 

Laramie   county,    three   senators   and   six   representatives. 

Johnson  county,  one  senator  and  two  representatives. 

Sheridan    county,    one    senator    and    two    representatives. 

Sweetwater  county,   two  senators  and  three   representatives. 

Uinta  county,   two   senators   and   three   representatives. 

ARTICLE      IV. 
Executive  Department. 

Section  1.  The  executive  power  shall  be  vested  in  a  governor, 
who  shall  hold  his  office  for  the  term  of  four  (4)  years  and  until  his 
successor  is  elected  and  duly  qualified. 

Sec.  2.  No  person  shall  be  eligible  to  the  office  of  governor  unless 
he  be  a  citizen  of  the  United  States  and  a  qualified  elector  of  the 
state,  who  has  attained  the  age  of  thirty  years,  and  who  has  resided 
five  years  next  preceding  the  election  within  the  state  or  territory, 
nor  shall  he  be  eligible  to  any  other  office  during  the  term  for  which 
he  was  elected. 

Sec.  3.  The  governor  shall  be  elected  by  the  qualified  electors 
of  the  state  at  the  time  and  place  of  choosing  members  of  the 
legislature.  The  person  having  the  highest  number  of  votes  for 


THE    CONSTITUTION    OF    WYOMING.  209 

governor  shall  be  declared  elected,  but  if  two  or  more  shall  have 
an  equal  and  highest  number  of  votes  for  governor,  the  two  houses 
of  the  legislature  at  its  next  regular  session  shall  forthwith,  by 
joint  ballot,  choose  one  of  such  persons  for  said  office.  The 
returns  of  the  election  for  governor  shall  be  made  in  such  manner 
as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  be  commander-in-chief  of  the  military 
forces  of  the  state,  except  when  they  are  called  into  the  service  of 
the  United  States,  and  may  call  out  the  same  to  execute  the  laws, 
suppress  insurrection  and  repel  invasion.  He  shall  have  power  to 
convene  the  legislature  on  extraordinary  occasions.  He  shall  at  the 
commencement  of  each  session  communicate  to  the  legislature  by 
message,  information  of  the  condition  of  the  state,  and  recommend 
such  measures  as  he  shall  deem  expedient.  He  shall  transact  all 
necessary  business  with  the  officers  of  the  government,  civil  and 
military.  He  shall  expedite  all  such  measures  as  may  be  resolved 
upon  by  the  legislature  and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  5.  The  governor  shall  have  power  to  remit  fines  and  for- 
feitures, to  grant  reprieves,  commutations  and  pardons  after  convic- 
tion, for  all  offences  except  treason  and  cases  of  impeachment;  but 
the  legislature  may  by  law  regulate  the  manner  in  which  the  remis- 
sion of  fines,  pardons,  commutations  and  reprieves  may  be  applied 
for.  Upon  conviction  for  treason  he  shall  have  power  to  suspend 
.the  execution  of  sentence  until  the  case  is  reported  in  the  legis- 
lature at  its  next  regular  session,  when  the  legislature  shall  either 
pardon,  or  commute  the  sentence,  direct  the  execution  of  the  sen- 
tence or  grant  further  reprieve.  He  shall  communicate  to  the 
legislature  at  each  regular  session  each  case  of  remission  of  fine, 
reprieve,  commutation  or  pardon  granted  by  him,  stating  the  name 
of  the  convict,  the  crime  for  which  he  was  convicted,  the  sentence 
and  its  date,  and  the  date  of  the  remission,  commutation,  pardon  or 
reprieve  with  his  reasons  for  granting  the  same. 

Sec.  6.  If  the  governor  be  impeached,  displaced,  resign  or  die,  or 
from  mental  or  physical  disease  or  otherwise  become  incapable  of 
performing  the  duties  of  his  office  or  be  absent  from  the  state, 
the  secretary  of  state  shall  act  as  governor  until  the  vacancy  is  filled 
or  the  disability  removed. 

Sec.  7.  When  any  office  from  any  cause  becomes  vacant,  and  no 
mode  is  provided  by  the  constitution  or  law  for  filling  such  vacancy, 
the  governor  shall  have  the  power  to  fill  the  same  by  appointment. 
-Sec.  8.  Every  bill  which  has  passed  the  legislature  shall,  before 
it  becomes  a  law,  be  presented  to  the  governor.  If  he  approve,  he 
shall  sign  it;  but  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  which  shall  enter  the  objections 
at  large  upon  the  journal  and  proceed  to  reconsider  it.  If,  after 
such  reconsideration,  two-thirds  of  the  members  elected  agree  to 
pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if  it 
be  approved  by  two-thirds  of  the  members  elected,  it  shall  become 
a  law;  but  in  all  such  cases  the  vote  of  both  houses  shall  be  deter- 
mined by  yeas  and  nays,  and  the  names  of  the  members  voting 


210  THE     GOVERNMENT    OF    WYOMING. 

for  and  against  the  bill  shall  be  entered  upon  the  journal  of  each 
house  respectively.  If  any  bill  is  not  returned  by  the  governor 
within  three  days  (Sundays  excepted)  after  its  presentation  to  him, 
the  same  shall  be  a  law,  unless  the  legislature  by  its  adjournment, 
prevent  its  return,  in  which  case  it  shall  be  a  law,  unless  he  shall 
file  the  same  with  his  objections  in  the  office  of  the  secretary  of 
state  within  fifteen  days  after  such  adjournment. 

Sec.  9.  The  governor  shall  have  power  to  disapprove  of  any  item 
or  items  or  part  or  parts  of  any  bill  making  appropriations  of  money 
or  property  embracing  distinct  items,  and  the  part  or  parts  of  the 
bill  approved  shall  be  the  law,  and  the  item  or  items  and  part  or 
parts  disapproved  shall  be  void  unless  enacted  in  the  following  man- 
ner: If  the  legislature  be  in  session  he  shall  transmit  to  the  house 
in  which  the  bill  originated  a  copy  of  the  item  or  items  or  part  or 
parts  thereof  disapproved,  together  with  his  objections  thereto, 
and  the  items  or  parts  objected  to  shall  be  separately  reconsidered, 
and  each  item  or  part  shall  then  take  the  same  course  as  is  pre- 
scribed for  the  passage  of  bills  over  the  executive  veto. 

Sec.  10.  Any  governor  of  this  state  who  asks,  receives  or  agrees 
to  receive  any  bribe  upon  any  understanding  that  his  official  opinion, 
judgment  or  action  shall  be  influenced  thereby,  or  who  gives  or 
offers,  or  promises  his  official  influence  in  consideration  that  any 
member  of  the  legislature  shall  give  his  official  vote  or  influence 
on  any  particular  side  of  any  question  or  matter  upon  which  he  is 
required  to  act  in  his  official  capacity,  or  who  menaces  any  member 
by  the  threatened  use  of  his  veto  power,  or  who  offers  or  promises 
any  member  that  he,  the  governor,  will  appoint  any  particular 
person  or  persons  to  any  office  created  or  thereafter  to  be  created, 
in  consideration  that  any  member  shall  give  his  official  vote  or 
influence  on  any  matter  pending  or  thereafter  to  be  introduced  into 
either  house  of  said  legislature;  or  who  threatens  any  member  that 
he,  the  governor,  will  remove  any  person  or  persons  from  office 
or  position  with  intent  in  any  manner  to  influence  the  action  of 
said  member,  shall  be  punished  in  the  manner  now  or  that  may 
hereafter  be  provided  by  law,  and  upon  conviction  thereof  shall 
forfeit  all  right  to  hold  or  exercise  any  office  of  trust  or  honor  in 
this  state. 

Sec.  11.  There  shall  be  chosen  by  the  qualified  electors  of  the 
state  at  the  times  and  places  of  choosing  members  of  the  legislature, 
a  secretary  of  state,  auditor,  treasurer,  and  superintendent  of 
public  instruction,  who  shall  have  attained  the  age  of  twenty-five 
years  respectively,  shall  be  citizens  of  the  United  States,  and  shall 
have  the  qualifications  of  state  electors.  They  shall  severally 
hold  their  offices  at  the  seat  of  government,  for  the  term  of  four 
(4)  years  and  until  their  successors  are  elected  and  duly  qualified, 
but  no  person  shall  be  eligible  for  the  office  of  treasurer  for  four  (4) 
years  after  the  expiration  of  the  term  for  which  he  was  elected. 
The  legislature  may  provide  for  such  other  state  officers  as  are 
deemed  necessary. 

Sec.  12.  The  powers  and  duties  of  the  secretary  of  state,  of  state 
auditor,  treasurer  and  superintendent  of  public  instruction  shall 
be  as  prescribed  by  law. 


THE    CONSTITUTION    OF    WYOMING.  211 

Sec.  13.  Until  otherwise  provided  by  law,  the  governor  shall 
receive  an  annual  salary  of  two  thousand  five  hundred  dollars,  the 
secretary  of  state,  state  auditor,  state  treasurer  and  superintendent 
of  public  instruction  shall  each  receive  an  annual  salary  of  two 
thousand  dollars,  and  the  salaries  of  any  of  the  said  officers  shall 
not  be  increased  or  diminished  during  the  period  for  which  they 
were  elected,  and  all  fees  and  profits  arising  from  any  of  the 
said  offices  shall  be  covered  into  the  state  treasury. 

Sec.  14.  The  legislature  shall  provide  for  a  state  examiner, 
who  shall  be  appointed  by  the  governor  and  confirmed  by  the  senate. 
His  duty  shall  be  to  examine  the  accounts  of  state  treasurer, 
supreme  court  clerks,  district  court  clerks,  and  all  county  treasurers, 
and  treasurers  of  such  other  public  institutions  as  the  law  may 
require,  and  shall  perform  such  other  duties  as  the  legislature 
may  prescribe.  He  shall  report  at  least  once  a  year,  and  oftener 
if  required,  to  such  officers  as  are  designated  by  the  legislature. 
His  compensation  shall  be  fixed  by  law. 

Sec.  15.  There  shall  be  a  seal  of  state  which  shall  be  called  the 
"  Great  Seal  of  the  State  of  Wyoming;  "  it  shall  be  kept  by  the 
secretary  of  state  and  used  by  him  officially  as  directed  by  law. 

The  seal  of  the  Territory  of  Wyoming  as  now  used  shall  be  the 
seal  of  the  state  until  otherwise  provided  by  law. 

ARTICLE      V. 
Judicial  Department. 

Section  1.  The  judicial  power  of  the  state  shall  be  vested  in 
the  senate,  sitting  as  a  court  of  impeachment,  in  a  supreme  court, 
district  courts,  justices  of  the  peace,  courts  of  arbitration  and  such 
courts  as  the  legislature  may,  by  general  law,  establish  for  incor- 
porated cities  or  incorporated  towns. 

Sec.  2.  The  supreme  court  shall  have  general  appellate  juris- 
diction, co-extensive  with  the  state,  in  both  civil  and  criminal 
causes,  and  shall  have  a  general  superintending  control  over  all 
inferior  courts,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  law. 

Sec.  3.  The  supreme  court  shall  have  original  jurisdiction  in 
quo  warranto  and  mandamus  as  to  all  state  officers,  and  in  habeas 
corpus.  The  supreme  court  shall  also  have  power  to  issue  writs  of 
mandamus,  review,  prohibition,  habeas  corpus,  certiorari,  and  other 
writs  necessary  and  proper  to  the  complete  exercise  of  its  appellate 
and  revisory  jurisdiction.  Each  of  the  judges  shall  have  power  to 
issue  writs  of  habeas  corpus  to  any  part  of  the  state  upon  petition 
by  or  on  behalf  of  a  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself  or  before  the  supreme  court, 
or  before  any  district  court  of  the  state  or  any  judge  thereof. 

Sec.  4.  The  supreme  court  of  the  state  shall  consist  of  three 
justices  who  shall  be  elected  by  the  qualified  electors  of  the  state 
at  a  general  state  election  at  the  times  and  places  at  which  state 
officers  are  elected;  and  their  term  of  office  shall  be  eight  (8)  years, 
commencing  from  and  after  the  first  Monday  in  January  next 
succeeding  their  election;  and  the  justices  elected  at  the  first  elec- 
tion after  this  constitution  shall  go  into  effeet  shall,  at  their  first 


212  THE     GOVERNMENT    OF    WYOMING. 

meeting  provided  by  law,  so  classify  themselves  by  lot  that  one  of 
them  shall  go  out  of  office  at  the  end  of  four  (4)  years,  and  one 
at  the  end  of  six  (6)  years,  and  one  at  the  end  of  eight  (8)  years 
from  the  commencement  of  their  term,  and  an  entry  of  such  clas- 
sification shall  be  made  in  the  record  of  the  court  and  signed  by 
them,  and  a,  duplicate  thereof  shall  be  filed  in  the  office  of  the 
secretary  of  state.  The  justice  having  the  shortest  term  to  serve- 
and  not  holding  his  office  by  appointment  or  election  to  fill  a 
vacancy,  shall  be  the  chief  justice  and  shall  preside  at  all  terms  of 
the  supreme  court,  and,  in  case  of  his  absence,  the  justice  having 
in  like  manner  the  next  shortest  term  to  serve,  shall  preside  in  his 
stead.  If  a  vacancy  occur  in  the  office  of  a  justice  of  the  supreme 
court,  the  governor  shall  appoint  a  person  to  hold  the  office  until 
the  election  and  qualification  of  a  person  to  fill  the  unexpired  term 
occasioned  by  such  vacancy,  which  election  shall  take  place  at  the 
next  succeeding  general  election.  The  first  election  of  the  justices 
shall  be  at  the  first  general  election  after  this  constitution  shall  gro 
into  effect. 

Sec.  5.  A  majority  of  the  justices  of  the  supreme  court  shall  be 
necessary  to  constitute  a  quorum  for  the  transaction  of  business. 

Sec.  6.  In  case  a  judge  of  the  supreme  court  shall  be  in  any  way 
interested  in  a  cause  brought  before  such  court  the  remaining 
judges  of  said  court  shall  call  one  of  the  district  judges  to  sit  with 
them  on  the  hearing  of  said  cause. 

Sec.  7.  At  least  two  terms  of  the  supreme  court  shall  be  held 
annually  at  the  seat  of  government  at  such  times  as  may  be  provided 
by  law. 

Sec.  8.  No  person  shall  be  eligible  to  the  office  of  justice  of  the 
supreme  court  unless  he  be  learned  in  the  law,  have  been  in  actual 
practice  at  least  nine  (9)  years,  or  whose  service  on  the  bench  of 
any  court  of  record,  when  added  to  the  time  he  may  have  practiced 
law,  shall  be  equal  to  nine  (9)  years,  be  at  least  thirty  years  of  age 
and  a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided' 
in  this  state  or  territory  at  least  three  years. 

Sec.  9.  There  shall  be  a  clerk  of  the  supreme  court  who  shall 
be  appointed  by  the  justices  of  said  court  and  shall  hold  his  office- 
during  their  pleasure,  and  whose  duties  and  emoluments  shall  be 
as  provided  by  law. 

Sec.  10.  The  district  court  shall  have  original  jurisdiction  of  all 
causes  at  law  and  in  equity  and  in  all  criminal  cases,  of  all  matters 
of  probate  and  insolvency  and  of  such  special  cases  and  proceedings 
as  are  not  otherwise  provided  for.  The  district  court  shall  also  have 
original  jurisdiction  in  all  cases  and  of  all  proceedings  in  which 
jurisdiction  shall  not  have  been  by  law  vested  exclusively  in  some 
other  court;  and  said  court  shall  have  the  power  of  naturalization 
and  to  issue  papers  therefor.  They  shall  have  such  appellate 
jurisdiction  in  cases  arising  in  justices'  and  other  inferior  courts 
in  their  respective  counties  as  may  be  prescribed  by  law.  Said 
courts  and  their  judges  shall  have  power  to  issue  writs  of  man- 
damus, quo  warranto,  review,  certiorari,  prohibition,  injunction  and 
writs  of  habeas  corpus,  on  petition  by  or  on  behalf  of  any  person 
in  actual  custody  in  their  respective  districts. 


THE    CONSTITUTION    OF    WYOMING.  213 

Sec.  11.  The  judges  of  the  district  courts  may  hold  courts  for 
each  other  and  shall  do  so  when  required  by  law. 

Sec.  12.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
district  court  unless  he  be  learned  in  the  law,  be  at  least  twenty- 
eight  years  of  age,  and  a  citizen  of  the  United  States,  nor  unless  he 
shall  have  resided  in  the  state  or  Territory  of  Wyoming  at  least 
two  years  next  preceding  his  election. 

Sec.  13.  There  shall  be  a  clerk  of  the  district  court  in  each  organ- 
ized county  in  which  a  court  is  holden  who  shall  be  elected,  or,  in 
case  of  vacancy,  appointed  in  such  manner  and  with  such  duties 
and  compensation  as  may  be  prescribed  by  law. 

Sec.  14.  The  legislature  shall  provide  by  law  for  the  appoint- 
ment by  the  several  district  courts  of  one  or  more  district  court 
commissioners(who  shall  be  persons  learned  in  the  law)  in  each 
organized  county  in  which  a  district  court  is  holden,  such  com- 
missioners shall  have  authority  to  perform  such  chamber  business 
in  the  absence  of  the  district  judge  from  the  county  or  upon  his 
written  statement  filed  with  the  papers,  that  it  is  improper  for  him 
to  act,  as  may  be  prescribed  by  law,  to  take  depositions  and  per- 
form such  other  duties,  and  receive  such  compensation  as  shall 
be  prescribed  by  law. 

Sec.  15.  The  style  of  all  process  shall  be  "  The  State  of  Wyom- 
ing." All  prosecutions  shall  be  carried  on  in  the  name  and  by  the 
authority  of  the  State  of  Wyoming,  and  conclude  "  against  the  peace 
and  dignity  of  the  State  of  Wyoming." 

Sec.  16.  No  duties  shall  be  imposed  by  law  upon  the  supreme 
court  or  any  of  the  judges  thereof,  except  such  as  are  judicial,  nor 
shall  any  of  the  judges  thereof  exercise  any  power  of  appointment 
except  as  herein  provided. 

Sec.  17.  The  judges  of  the  supreme  and  district  courts  shall 
receive  such  compensation  for  their  services  as  may  be  prescribed 
by  law,  which  compensation  shall  not  be  increased  or  diminished 
during  the  term  for  which  a  judge  shall  have  been  elected,  and  the 
salary  of  a  judge  of  the  supreme  or  district  court  shall  be  as  may 
be  prescribed  by  law. 

Sec.  18.  Writs  of  error  and  appeals  may  be  allowed  from  the 
decisions  of  the  district  courts  to  the  supreme  courts  under  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  19.  Until  otherwise  provided  by  law,  the  state  shall  be 
divided  into  three  judicial  districts,  in  each  of  which  there  shall  be 
elected  at  general  elections,  by  the  electors  thereof,  one  judge  of  the 
district  court  therein,  whose  terms  shall  be  six  (6)  years  from  the 
first  Monday  in  January  succeeding  his  election  and  until  his  suc- 
cessor is  duly  qualified. 

Sec.  20.  Until  otherwise  provided  by  law,  said  judicial  districts 
shall  be  constituted  as  follows: 

District  number  one  shall  consist  of  the  counties  of  Laramie, 
Converse  and  Crook. 

District  number  two  shall  consist  of  the  counties  of  Albany, 
Johnson  and  Sheridan. 

District  number  three  shall  consist  of  the  counties  of  Carbon. 
Sweetwater,  Uinta  and  Fremont. 


214  THE     GOVERNMENT     OF    WYOMING. 

Sec.  21.  The  legislature  may  from  time  to  time  increase  the 
number  of  said  judicial  districts  and  the  judges  thereof,  but  such 
increase  or  change  in  the  boundaries  of  the  district  shall  not  work 
the  removal  of  any  judge  from  his  office  during  the  term  for  which 
he  may  have  been  elected  or  appointed;  provided  the  number  of 
districts  and  district  judges  shall  not  exceed  four  until  the  taxable 
valuation  of  property  in  the  state  shall  exceed  one  hundred  million 
dollars  ($100,000,000). 

Sec.  22.  The  legislature  shall  provide  by  law  for  the  election  of 
justices  of  the  peace  in  each  organized  county  within  the  state. 
But  the  number  of  said  justices  to  be  elected  in  each  organized 
county  shall  be  limited  by  law  to  such  number  as  shall  be  necessary 
for  the  proper  administration  of  justice.  The  justices  of  the 
peace  herein  provided  for  shall  have  concurrent  jurisdiction  with 
the  district  court  in  all  civil  actions  where  the  amount  in  contro- 
versy, exclusive  of  costs,  does  not  exceed  two  hundred  dollars, 
and  they  shall  have  such  jurisdiction  to  hear  and  determine  cases 
of  misdemeanor  as  may  be  provided  by  law,  but  in  no  case  shall 
said  justices  of  the  peace  have  jurisdiction  when  the  boundaries 
of  or  title  to  real  estate  shall  come  into  question. 

Sec.  23.  Appeals  shall  lie  from  the  final  decisions  of  justices  of 
the  peace  and  police  magistrates  in  such  cases  and  pursuant  to  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  24.  The  time  of  holding  courts  in  the  several  counties  of  a 
district  shall  be  prescribed  by  law,  and  the  legislature  shall  make 
provisions  for  attaching  unorganized  counties  or  territory  to  organ- 
ized counties  for  judicial  purposes. 

Sec.  25.  No  judge  of  the  supreme  or  district  court  shall  act  as 
attorney  or  counsellor  at  law. 

Sec.  26.  Until  the  legislature  shall  provide  by  law  for  fixing  the 
terms  of  courts,  the  judges  of  the  supreme  court  and  district  courts 
shall  fix  the  terms  thereof. 

Sec.  27.  No  judge  of  the  supreme  or  district  court  shall  be 
elected  or  appointed  to  any  other  than  judicial  offices  or  be  eligible 
thereto  during  the  term  for  which  he  was  elected  or  appointed  such 
judge. 

Sec.  28.  Appeals  from  decisions  of  compulsory  boards  of  arbi- 
tration shall  be  allowed  to  the  supreme  court  of  the  state,  and  the 
manner  of  taking  such  appeals  shall  be  prescribed  by  law. 


ARTICLE      VI. 
Suffrage. 

Section  1.  The  rights  of  citizens  of  the  state  of  Wyoming  to  vote 
and  hold  office  shall  not  be  denied  or  abridged  on  account  of  sex. 
Both  male  and  female  citizens  of  this  state  shall  equally  enjoy  all 
civil,  political  and  religious  rights  and  privileges. 

Sec.  2.  Every  citizen  of  the  United  States  of  the  age  of  twenty- 
one  years  and  upwards,  who  has  resided  in  the  state  or  territory 
one  year  and  in  the  county  wherein  such  residence  is  located  sixty 
days  next  preceding  any  election,  shall  be  entitled  to  vote  at  such 
election,  except  as  herein  otherwise  provided. 


THE    CONSTITUTION    OF    WYOMING.  215 

Sec.  3.  Electors  shall  in  all  cases  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of  elec- 
tion during  their  attendance  at  elections,  and  going  to  and  return- 
ing therefrom. 

Sec.  4.  No  elector  shall  be  obliged  to  perform  militia  duty  on  the 
day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  5.  No  person  shall  be  deemed  a  qualified  elector  of  this  state, 
unless  such  person  be  a  citizen  of  the  United  States. 

Sec.  6.  All  idiots,  insane  persons,  and  persons  convicted  of  in- 
famous crimes,  unless  restored  to  civil  rights,  are  excluded  from 
the  elective  franchise. 

Sec.  7.  No  elector  shall  be  deemed  to  have  lost  his  residence  in 
the  state,  by  reason  of  his  absence  on  business  of  the  United  States, 
or  of  this  state,  or  in  the  military  or  naval  service  of  the  United 
States. 

Sec.  8.  No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  the 
United  States  shall  be  deemed  a  resident  of  this  state  in  consequence 
of  his  being  stationed  therein. 

Sec.  9.  No  person  shall  have  the  right  to  vote  who  shall  not  be 
able  to  read  the  constitution  of  this  state.  The  provisions  of  this 
section  shall  not  apply  to  any  person  prevented  by  physical  dis- 
ability from  complying  with  its  requirements. 

Sec.  10.  Nothing  herein  contained  shall  be  construed  to  deprive 
any  person  of  the  right  to  vote  who  has  such  right  at  the  time  of 
the  adoption  of  this  constitution,  unless  disqualified  by  the  restric- 
tions of  section  six  of  this  article.  After  the  expiration  of  five  years 
from  the  time  of  the  adoption  of  this  constitution,  none  but  citizens 
of  the  United  States  shall  have  the  right  to  vote. 

Sec.  11.  All  elections  shall  be  by  ballot.  The  legislature  shall 
provide  by  law  that  the  names  of  all  candidates  for  the  same  office, 
to  be  voted  for  at  any  election,  shall  be  printed  on  the  same  ballot, 
at  public  expense,  and  on  election  day  to  be  delivered  to  the  voters 
within  the  polling  place  by  sworn  public  officials,  and  only  such  bal- 
lots so  delivered  shall  be  received  and  counted.  But  no  voter  shall  be 
deprived  of  the  privilege  of  writing  upon  the  ballot  used  the  name  of 
any  other  candidate.  All  voters  shall  be  guaranteed  absolute  privacy 
in  the  preparation  of  their  ballots,  and  the  secrecy  of  the  ballot 
shall  be  made  compulsory. 

Sec.  12.  No  person  qualified  to  be  an  elector  of  the  State  of 
Wyoming,  shall  be  allowed  to  vote  at  any  general  or  special  elec- 
tion hereafter  to  be  holden  in  the  state,  until  he  or  she  shall  have 
registered  as  a  voter  according  to  law,  unless  the  failure  to  register 
is  caused  by  sickness  or  absence,  for  which  provision  shall  be  made 
by  law.  The  legislature  of  the  state  shall  enact  such  laws  as  will 
carry  into  effect  the  provisions  of  this  section,  which  enactment 
shall  be  subject  to  amendment,  but  shall  never  be  repealed;  but 
this  section  shall  not  apply  to  the  first  election  held  under  this  con- 
stitution. 

Elections. 

Section  1.  The  legislature  shall  pass  laws  to  secure  the  purity 
of  elections,  and  guard  against  abuses  of  the  elective  franchise. 

Sec.  2.  The  legislature  shall,  by  general  law,  designate  the  courts 
by  which  the  several  classes  of  election  contests  not  otherwise  pro- 


216  THE     GOVERNMENT     OF    WYOMING. 

vided  for,  shall  be  tried,  and  regulate  the  manner  of  trial  and  all 
matters  incident  thereto;  but  no  such  law  shall  apply  to  any  con- 
test arising  out  of  an  election  held  before  its  passage. 

Sec.  3.  No  person  except  a  qualified  elector  shall  be  elected  or 
appointed  to  any  civil  or  military  office  in  the  state. 

Sec.  4.  Every  person  holding  any  civil  office  under  the  state  or 
any  municipality  therein  shall,  unless  removed  according  to  law. 
exercise  the  duties  of  such  office  until  his  successor  is  duly  quali- 
fied, but  this  shall  not  apply  to  members  of  the  legislature,  nor  to 
members  of  any  board  of  assembly,  two  or  more  of  whom  are  elected 
at  the  same  time.  The  legislature  may  by  law  provide  for  suspend- 
ing any  officer  in  his  functions,  pending  impeachment  or  prosecution 
for  misconduct  in  office. 

Sec.  5.  All  general  elections  for  state  and  county  officers,  for 
members  of  the  house  of  representatives  and  the  senate  of  the 
state  of  Wyoming,  and  representatives  to  the  congress  of  the  United 
States,  shall  be  held  on  the  Tuesday  following  the  first  Monday  in 
November  of  each  even  year.  Special  elections  may  be  held  as  now, 
or  as  may  hereafter  be  provided  by  law.  All  state  and  county 
officers  elected  at  a  general  election  shall  enter  upon  their  respec- 
tive duties  on  the  first  Monday  in  January  next  following  the  date 
of  their  election,  or  as  soon  thereafter  as  may  be  possible. 

Sec.  6.  All  officers,  whose  election  is  not  provided  for  in  this 
constitution,  shall  be  elected  or  appointed  as  may  be  directed  by 
law. 

Sec.  7.  No  member  of  congress  from  this  state,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise 
any  office  in  this  state  to  which  a  salary,  fees  or  perquisites  shall 
be  attached.  The  legislature  may  by  law  declare  what  offices  are 
incompatible. 

Sec.  8.  Senators  and  representatives  and  all  judicial,  state  and 
county  officers  shall,  before  entering  upon  the  duties  of  their  re- 
spective offices,  take  and  subscribe  the  following  oath  or  affirma- 
tion: "I  do  solemnly  swear  (or  affirm)  that  I  will  support,  obey 
and  defend  the  constitution  of  the  United  States,  and  the  constitu- 
tion of  this  state,  and  that  I  will  discharge  the  duties  of  my  office 
with  fidelity;  that  I  have  not  paid  or  contributed,  or  promised  to 
pay  or  contribute,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing,  to  procure  my  nomination  or  election,  (or  appoint- 
ment) except  for  necessary  and  proper  expenses  expressly  auth- 
orized by  law;  that  I  have  not,  knowingly,  violated  any  election  law 
of  the  state,  or  procured  it  to  be  done  by  others  in  my  behalf;  that 
I  will  not  knowingly  receive,  directly  or  indirectly,  any  money  or 
other  valuable  thing  for  the  performance  or  non-performance  of  any 
act  or  duty  pertaining  to  my  office,  other  than  the  compensation 
allowed  by  law." 

Sec.  9.  The  foregoing  oath  shall  be  administered  by  some  per- 
son authorized  to  administer  oaths,  and  in  the  case  of  state  officers 
and  judges  of  the  supreme  court  shall  be  filed  in  the  office  of  the 
secretary  of  state,  and  in  the  case  of  other  judicial  and  county 


THE    CONSTITUTION    OF    WYOMING.  217 

officers  in  the  office  of  the  clerk  of  the  county  in  which  the  same  is 
taken;  any  person  refusing  to  take  said  oath  or  affirmation  shall 
forfeit  his  office,  and  any  person  who  shall  be  convicted  of  having 
sworn  or  affirmed  falsely,  or  of  having  violated  said  oath  or  affirma- 
tion, shall  be  guilty  of  perjury,  and  be  forever  disqualified  from 
holding  any  office  of  trust  or  profit  within  this  state.  The  oath  to 
members  of  the  senate  and  house  of  representatives  shall  be  ad- 
ministered by  one  of  the  judges  of  the  supreme  court  or  a  justice 
of  the  peace,  in  the  hall  of  the  house  to  which  the  members  shall 
be  elected. 

ARTICLE    VII. 

Education. 

Section  1.  The  legislature  shall  provide  for  the  establishment 
and  maintenance  of  a  complete  and  uniform  system  of  public  in- 
struction, embracing  free  elementary  schools  of  every  needed  kind 
and  grade,  a  university  with  such  technical  and  professional  de- 
partments as  the  public  good  may  require  and  the  means  of  the 
state  allow,  and  such  other  institutions  as  may  be  necessary. 

Sec.  2.  The  following  are  declared  to  be  perpetual  funds  for 
school  purposes,  of  which  the  annual  income  only  can  be  appropri- 
ated, to-wit:  Such  per  centum  as  has  been  or  may  hereafter  be 
granted  by  congress  on  the  sale  of  lands  in  this  state;  all  moneys 
arising  from  the  sale  or  lease  of  sections  number  sixteen  and  thirty- 
six  in  each  township  in  the  state,  and  the  lands  selected  or  that 
may  be  selected  in  lieu  thereof;  the  proceeds  of  all  lands  that  have 
been  or  may  hereafter  be  granted  to  this  state,  where  by  the  terms 
and  conditions  of  the  grant,  the  same  are  not  to  be  otherwise  ap- 
propriated; the  net  proceeds  of  lands  and  other  property  and  effects 
that  may  come  to  the  state  by  escheat  or  forfeiture,  or  from  un- 
claimed dividends  or  distributive  shares  of  the  estates  of  deceased 
persons;  all  moneys,  stocks,  bonds,  lands  and  other  property  now 
belonging  to  the  common  school  fund. 

Sec.  3.  To  the  sources  of  revenue  above  mentioned  shall  be  added 
all  other  grants,  gifts  and  devises  that  have  been  or  may  hereafter 
be  made  fo  this  state  and  not  otherwise  appropriated  by  the  terms 
of  the  grant,  gift  or  devise. 

Sec.  4.  All  moneys,  stocks,  bonds,  lands  and  other  property  be- 
longing to  a  county  school  fund,  except  such  moneys  and  property 
as  may  be  provided  by  law  for  current  use  in  aid  of  public  schools, 
shall  belong  to  and  be  securely  invested  and  sacredly  preserved  in 
the  several  counties  as  a  county  public  school  fund,  the  income  of 
which  shall  be  appropriated  exclusively  to  the  use  and  support  of 
free  public  schools  in  the  several  counties  of  the  state. 

Sec.  5.  All  fines  and  penalties  under  general  laws  of  the  state 
shall  belong  to  the  public  school  fund  of  the  respective  counties 
and  be  paid  over  to  the  custodians  of  such  funds  for  the  current 
support  of  the  public  schools  therein. 

Sec.  6.  All  funds  belonging  to  the  state  for  public  school  pur- 
poses, the  interest  and  income  of  which  only  are  to  be  used,  shall 
be  deemed  trust  funds  in  the  care  of  the  state,  which  shall  keep 
them  for  the  exclusive  benefit  of  the  public  schools,  and  shall  make 


218  THE     GOVERNMENT    OF    WYOMING. 

good  any  losses  that  may  in  any  manner  occur,  so  that  the  same 
shall  remain  forever  inviolate  and  undiminished.  None  of  such 
funds  shall  ever  be  invested  or  loaned  except  on  the  bonds  issued 
by  school  districts,  or  registered  county  bonds  of  the  state,  or  state 
securities  of  this  state,  or  of  the  United  States. 

Sec.  7.  The  income  arising  from  the  funds  mentioned  in  the  pre- 
ceding section,  together  with  all  the  rents  of  the  unsold  school 
lands  and  such  other  means  as  the  legislature  may  provide,  shall 
be  exclusively  applied  to  the  support  of  free  schools  in  every  county 
in  the  state. 

Sec.  8.  Provision  shall  be  made  by  general  law  for  the  equitable 
distribution  of  such  income  among  the  several  counties  according 
to  the  number  of  children  of  school  age  in  each;  which  several 
counties  shall  in  like  manner  distribute  the  proportion  of  said  fund 
by  them  received  respectively  to  the  several  school  districts  em- 
braced therein.  But  no  appropriation  shall  be  made  from  said  fund 
to  any  district  for  the  year  in  which  a  school  has  not  been  main- 
tained for  at  least  three  months;  nor  shall  any  portion  of  any  public 
school  fund  ever  be  used  to  support  or  assist  any  private  school,  or 
any  school,  academy,  seminary,  college  or  other  institution  of  learn- 
ing controlled  by  any  church  or  sectarian  organization  or  religious 
denomination  whatsoever. 

Sec.  9.  The  legislature  shall  make  such  further  provision  by 
taxation  or  otherwise,  as  with  the  income  arising  from  the  general 
school  fund  will  create  and  maintain  a  thorough  and  efficient  sys- 
tem of  public  schools,  adequate  to  the  proper  instruction  of  all  the 
youth  of  the  state,  between  the  ages  of  six  and  twenty-one  years, 
free  of  charge;  and  in  view  of  such  provision  so  made,  the  legis- 
lature shall  require  that  every  child  of  sufficient  physical  and 
mental  ability  shall  attend  a  public  school  during  the  period  between 
six  and  eighteen  years  for  a  time  equivalent  to  three  years,  unless 
educated  by  other  means. 

Sec.  10.  In  none  of  the  public  schools  so  established  and  main- 
tained shall  distinction  or  discrimination  be  made  on  account  of  sex, 
race  or  color. 

Sec.  11.  Neither  the  legislature  nor  the  superintendent  of  public 
instruction  shall  have  power  to  prescribe  text  books  to  be  used  in 
the  public  schools. 

Sec.  12.  No  sectarian  instruction,  qualifications  or  tests  shall  be 
imparted,  exacted,  applied  or  in  any  manner  tolerated  in  the  schools 
of  any  grade  or  character  controlled  by  the  state,  nor  shall  attend- 
ance be  required  at  any  religious  service  therein,  nor  shall  any 
sectarian  tenets  or  doctrines  be  taught  or  favored  in  any  public 
school  or  institution  that  may  be  established  under  this  constitu- 
tion. 

Sec.  13.  The  governor,  secretary  of  state,  state  treasurer  and 
superintendent  of  public  instruction  shall  constitute  the  board  of 
land  commissioners,  which,  under  direction  of  the  legislature,  as 
limited  by  this  constitution,  shall  have  direction,  control,  leasing 
and  disposal  of  the  lands  of  the  state  granted,  or  which  may  be 
hereafter  granted  for  the  support  and  benefit  of  public  schools, 
subject  to  the  further  limitations  that  the  sale  of  all  lands  shall 


THE    CONSTITUTION    OF    WYOMING.  219 

be  at  public  auction,  after  such  delay  (not  less  than  the  time  fixed 
by  congress)  in  portions  at  proper  intervals  of  time,  and  at  such 
minimum  prices  (not  less  than  the  minimum  fixed  by  congress)  as 
to  realize  the  largest  possible  proceeds. 

Sec.  14.  The  general  supervision  of  the  public  schools  shall  be 
entrusted  to  the  state  superintendent  of  public  instruction,  whose 
powers  and  duties  shall  be  prescribed  by  law. 

The  University. 

Sec.  15.  The  establishment  of  the  University  of  Wyoming  is 
hereby  confirmed,  and  said  institution,  with  its  several  departments, 
is  hereby  declared  to  be  the  University  of  the  State  of  Wyoming. 
All  lands  which  have  been  heretofore  granted  or  which  may  be 
granted  hereafter  by  congress  unto  the  university  as  such,  or  in 
aid  of  the  instruction  to  be  given  in  any  of  its  departments,  with 
all  other  grants,  donations,  or  devises  for  said  university,  or  for 
any  of  its  departments,  shall  vest  in  said  university,  and  be  ex- 
clusively used  for  the  purposes  for  which  they  were  granted,  do- 
nated or  devised.  The  said  lands  may  be  leased  on  terms  approved 
by  the  land  commissioners,  but  may  not  be  sold  on  terms  not  ap- 
proved by  congress. 

Sec.  16.  The  university  shall  be  equally  open  to  students  of  both 
sexes,  irrespective  of  race  or  color;  and,  in  order  that  the  instruc- 
tion furnished  may  be  as  nearly  free  as  possible,  any  amount  in 
addition  to  the  income  from  its  grants  of  lands  and  other  sources 
above  mentioned,  necessary  to  its  support  and  maintenance  in  a 
condition  of  full  efficiency  shall  be  raised  by  taxation  or  otherwise, 
under  provisions  of  the  legislature. 

Sec.  17.  The  legislature  shall  provide  by  law  for  the  management 
of  the  university,  its  lands  and  other  property  by  a  board  of  trus- 
tees, consisting  of  not  less  than  seven  members,  to  be  appointed  by 
the  governor  by  and  with  the  advice  and  consent  of  the  senate,  and 
the  president  of  the  university,  and  the  superintendent  of  public 
instruction,  as  members  ex-officio,  as  such  having  the  right  to  speak, 
but  not  to  vote.  The  duties  and  powers  of  the  trustees  shall  be 
prescribed  by  law. 

Charitable  and  Penal  Institutions. 

Sec.  18.  Such  charitable,  reformatory  and  penal  institutions  as 
the  claims  of  humanity  and  the  public  good  may  require,  shall  be 
established  and  supported  by  the  state  in  such  manner  as  the  legis- 
lature may  prescribe.  They  shall  be  under  the  general  supervision 
of  a  state  board  of  charities  and  reform,  whose  duties  and  powers 
shall  be  prescribed  by  law. 

Sec.  19.  The  property  of  all  charitable  and  penal  institutions  be- 
longing to  the  Territory  of  Wyoming  shall,  upon  the  adoption  of 
this  constitution,  become  the  property  of  the  state  of  Wyoming, 
and  such  of  said  institutions  as  are  then  in  actual  operation,  shall 
thereafter  have  the  supervision  of  the  board  of  charities  and  reform 
as  provided  in  the  last  preceding  section  of  this  article,  under  pro- 
visions of  the  legislature. 


220  THE     GOVERNMENT    OF    WYOMING. 

Public  Health  and  Morals. 

Sec.  20.  As  the  health  and  morality  of  the  people  are  essential 
to  their  well-being,  and  to  the  peace  and  permanence  of  the  state, 
it  shall  be  the  duty  of  the  legislature  to  protect  and  promote  these 
vital  interests  by  such  measures  for  the  encouragement  of  temper- 
ance and  virtue,  and  such  restrictions  upon  vice  and  immorality  of 
every  sort,  as  are  deemed  necessary  to  the  public  welfare. 

Public  Building-s. 

Sec.  21.  All  public  buildings  and  other  property,  belonging  to 
the  territory  shall,  upon  the  adoption  of  this  constitution,  become 
the  property  of  the  state  of  Wyoming. 

Sec.  22.  The  construction,  care  and  preservation  of  all  public 
buildings  of  the  state  not  under  the  control  of  the  board  of  officers 
of  public  institutions  by  authority  of  law  shall  be  entrusted  to  such 
officers  or  boards,  and  under  such  regulations  as  shall  be  prescribed 
by  law. 

Sec.  23.  The  legislature  shall  have  no  power  to  change  or  to  lo- 
cate the  seat  of  government,  the  state  university,  insane  asylum,  or 
state  penitentiary,  but  may  after  the  expiration  of  ten  (10)  years 
after  the  adoption  of  this  constitution,  provide  by  law  for  submit- 
ting the  question  of  the  permanent  locations  thereof,  respectively, 
to  the  qualified  electors  of  the  state,  at  some  general  election,  and 
a  majority  of  all  votes  upon  said  question  cast  at  said  election, 
shall  be  necessary  to  determine  the  location  thereof;  but  for  said 
period  of  ten  (10)  years,  and  until  the  same  are  respectively  and 
permanently  located,  as  herein  provided,  the  location  of  the  seat 
of  government  and  said  institutions  shall  be  as  follows: 

The  seat  of  government  shall  be  located  at  the  City  of  Cheyenne, 
in  the  county  of  Laramie.  The  State  University  shall  be  located 
at  the  City  of  Laramie,  in  the  county  of  Albany.  The  insane  asylum 
shall  be  located  at  the  town  of  Evanston,  in  the  county  of  Uinta. 
The  penitentiary  shall  be  located  at  the  City  of  Rawlins,  in  the 
county  of  Carbon;  but  the  legislature  may  provide  by  law  that  said 
penitentiary  may  be  converted  to  other  public  uses.  The  legisla- 
ture shall  not  locate  any  other  public  institutions  except  under  gen- 
eral laws,  and  by  vote  of  the  people. 

ARTICLE    VIII. 
Irrigation  and  Water  Rights. 

Section  1.  The  water  of  all  natural  streams,  springs,  lakes  or 
other  collections  of  still  water,  within  the  boundaries  of  the  state, 
are  hereby  declared  to  be  the  property  of  the  state. 

Sec.  2.  There  shall  be  constituted  a  board  of  control,  to  be  com- 
posed of  the  state  engineer  and  superintendents  of  the  water  di- 
visions; which  shall,  under  such  regulations  as  may  be  prescribed 
by  law,  have  the  supervision  of  the  waters  of  the  state  and  of  their 
appropriation,  distribution  and  diversion,  and  of  the  various  offi- 
cers connected  therewith.  Its  decisions  to  be  subject  to  review  by 
the  courts  of  the  state. 


THE    CONSTITUTION    OF    WYOMING.  221 

Sec.  3.  Priority  of  appropriation  for  beneficial  uses  shall  give 
the  better  right.  No  appropriation  shall  be  denied  except  when 
such  denial  is  demanded  by  the  public  interests. 

Sec.  4.  The  legislature  shall  by  law  divide  the  state  into  four 
(4)  water  divisions,  and  provide  for  the  appointment  of  superin- 
tendents thereof. 

Sec.  5.  There  shall  be  a  state  engineer  who  shall  be  appointed 
by  the  governor  of  the  state  and  confirmed  by  the  senate;  he  shall 
hold  his  office  for  the  term  of  six  (6)  years,  or  until  his  successor 
shall  have  been  appointed  and  shall  have  qualified.  He  shall  be 
president  of  the  board  of  control,  and  shall  have  general  super- 
vision of  the  waters  of  the  state  and  of  the  officers  connected  with 
its  distribution.  No  person  shall  be  appointed  to  this  position  who 
has  not  such  theoretical  knowledge  and  such  practical  experience 
and  skill  as  shall  fit  him  for  the  position. 


ARTICLE    IX. 
Mines  and  Mining. 

Section  1.  There  shall  be  established  and  maintained  the  office 
of  inspector  of  mines,  the  duties  and  salary  of  which  shall  be  pre- 
scribed by  law.  When  said  office  shall  be  established,  the  governor 
shall,  with  the  advice  and  consent  of  the  senate,  aopoint  thereto 
a  person  proven  in  the  manner  provided  by  law  to  be  competent  and 
practical,  whose  term  of  office  shall  be  two  years. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  proper  de- 
velopment, ventilation,  drainage  and  operation  of  all  mines  in  this 
state. 

Sec.  3.  No  boy  under  the  age  of  fourteen  years  and  no  woman 
or  girl  of  any  age  shall  be  employed  or  permitted  to  be  in  or  about 
any  coal,  iron  or  other  dangerous  mines  for  the  purpose  of  em- 
ployment therein;  provided,  however,  this  provision  shall  not  affect 
the  employment  of  a  boy  or  female  of  suitable  age  in  an  office  or 
in  the  performance  of  clerical  work  at  such  mine  or  colliery. 

Sec.  4.  For  any  injury  ta  person  or  property  caused  by  wilful 
failure  to  comply  with  the  provisions  of  this  article,  or  laws  passed 
in  pursuance  hereof,  a  right  of  action  shall  accrue  to  the  party 
injured,  for  the  damage  sustained  thereby,  and  in  all  cases  in  this 
state,  whenever  the  death  of  a  person  shall  be  caused  by  wrongful 
act,  neglect  or  default,  such  as  would,  if  death  had  not  ensued, 
have  entitled  the  party  injured  to  maintain  an  action  to  recover 
damages  in  respect  thereof,  the  person  who,  or  the  corporation  which 
would  have  been  liable,  if  death  had  not  ensued,  shall  be  liable  to 
an  action  for  damages  notwithstanding  the  death  of  the  person  in- 
jured, and_the  legislature  shall  provide  by  law  at  its  first  session  for 
the  manner  in  which  the  right  of  action  in  respect  thereto  shall 
be  enforced. 

Sec.  5.  The  legislature  may  provide  that  the  science  of  mining 
and  metallurgy  be  taught  in  one  of  the  institutions  of  learning 
under  the  patronage  of  the  state. 


222  THE     GOVERNMENT    OF    WYOMING. 

Sec.  6.  There  shall  be  a  state  geologist,  who  shall  be  appointed 
by  the  governor  of  the  state,  with  the  advice  and  consent  of  the 
senate.  He  shall  hold  his  office  for  a  term  of  six  (6)  years  or  until 
his  successor  shall  have  been  appointed  and  shall  have  qualified. 
His  duties  and  compensation  shall  be  prescribed  by  law.  No  person 
shall  be  appointed  to  this  position  unless  he  has  such  theoretical 
knowledge  and  such  practical  experience  and  skill  as  shall  fit  him 
for  the  position;  said  state  geologist  shall  ex-officio  perform  the 
duties  of  inspector  of  mines  until  otherwise  provided  by  law. 
ARTICLE  X. 
Corporations. 

Section  1.  The  legislature  shall  provide  for  the  organization  of 
corporations  by  general  law.  All  laws  relating  to  corporations  may 
be  altered,  amended  or  repealed  by  the  legislature  at  any  time 
when  necessary  for  the  public  good  and  general  welfare,  and  all 
corporations  doing  business  in  this  state  may  as  to  such  business 
be  regulated,  limited  or  restrained  by  law  not  in  conflict  with  the 
constitution  of  the  United  States. 

Sec.  2.  All  powers  and  franchises  of  corporations  are  derived 
from  the  people  and  are  granted  by  their  agent,  the  government, 
for  the  public  good  and  general  welfare,  and  the  right  and  duty  of 
the  state  to  control  and  regulate  them  for  these  purposes  is  hereby 
declared.  The  power,  rights  and  privileges  of  any  and  all  cor- 
porations may  be  forfeited  by  willful  neglect  or  abuse  thereof.  The 
police  power  of  the  state  is  supreme  over  all  corporations  as  well 
as  individuals. 

Sec.  3.  All  existing  charters,  franchises,  special  or  exclusive 
privileges  under  which  an  actual  and  bona  fide  organization  shall 
not  have  taken  place  for  the  purpose  for  which  formed  and  which 
shall  not  have  been  maintained  in  good  faith  to  the  time  of  the 
adoption  of  this  constitution  shall  thereafter  have  no  validity. 

Sec.  4.  No  law  shall  be  enacted  limiting  the  amount  of  damages 
to  be  recovered  for  causing  the  injury  or  death  of  any  person.  Any 
contract  or  agreement  with  any  employe  waiving  any  right  to  re- 
cover damages  for  causing  the  death  or  in  jury  of  any  employe  stall 
be  void. 

Sec.  5.  No  corporation  organized  under  the  laws  of  Wyoming  Ter- 
ritory or  any  other  jurisdiction  than  this  state,  shall  be  permitted 
to  transact  business  in  this  state  until  it  shall  have  accepted  the 
constitution  of  this  state  and  filed  such  acceptance  in  accordance 
with  the  laws  thereof. 

Sec.  6.  No  corporation  shall  have  power  to  engage  in  more  than 
one  general  line  or  department  of  business,  which  line  of  business 
shall  be  distinctly  specified  in  its  charter  of  incorporation. 

Sec.  7.  All  corporations  engaged  in  the  transportation  of  per- 
sons, property,  mineral  oils,  and  mineral  products,  news  or  intelli- 
gence, including  railroads,  telegraphs,  express  companies,  pipe  lines 
and  telephones,  are  declared  to  be  common  carriers. 

Sec.  8.  There  shall  be  no  consolidation  or  combination  of  cor- 
porations of  any  kinds  whatever  to  prevent  competition,  to  con- 
trol or  influence  productions  or  prices  thereof,  or  in  any  manner  to 
interfere  with  the  public  good  and  general  welfare. 


THE    CONSTITUTION    OF    WYOMING.  223 

Sec.  9.  The  right  of  eminent  domain  shall  never  be  so  abridged 
or  construed  as  to  prevent  the  legislature  from  taking  property  and 
franchises  of  incorporated  companies  and  subjecting  them  to  public 
use  the  same  as  the  property  of  individuals. 

Sec.  10.  The  legislature  shall  provide  by  suitable  legislation  for 
the  organization  of  mutual  and  co-operative  associations  or  corpora- 
tions. 

Railroads. 

Section  1.  Any  railroad  corporation  or  association  organized  for 
the  purpose,  shall  have  the  right  to  construct  and  operate  a  rail- 
road between  any  points  within  this  state  and  to  connect  at  the  state 
line  with  railroads  of  other  states.  Every  railroad  shall  have  the 
right  with  its  road  to  intersect,  connect  with  or  cross  any  other 
railroad,  and  all  railroads  shall  receive  and  transport  each  other's 
passengers,  and  tonnage  and  cars,  loaded  or  empty,  without  delay 
or  discrimination.  • 

Sec.  2.  Railroad  and  telegraph  lines  heretofore  constructed  or 
that  may  hereafter  be  constructed  in  this  state  are  hereby  declared 
public  highways  and  common  carriers,  and  as  such  must  be  made 
by  law  to  extend  the  same  equality  and  impartiality  to  all  who  use 
them,  excepting  employes  and  their  families  and  ministers  of  the 
gospel,  whether  individuals  or  corporations. 

Sec.  3.  Every  railroad  corporation  or  association  operating  a 
line  of  railroad  within  this  state  shall  annually  make  a  report  to  the 
auditor  of  state  of  its  business  within  this  state,  in  such  form  as 
the  legislature  may  prescribe. 

Sec.  4.  Exercise  of  the  power  and  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent  the  taking  by  the 
legislature  of  property  and  franchises  of  incorporated  companies 
and  subjecting  them  to  public  use  the  same  as  property  of  individ- 
uals. 

Sec.  5.  Neither  the  state,  nor  any  county,  township,  school  dis- 
trict or  municipality  shall  loan  or  give  its  credit  or  make  donations 
to  or  in  aid  of  any  railroad  or  telegraph  line;  provided,  that  this 
section  shall  not  apply  to  obligations  of  any  county,  city,  town- 
ship or  school  district,  contracted  prior  to  the  adoption  of  this 
constitution. 

Sec.  6.  No  railroad  or  other  transportation  company  or  tele- 
graph company  in  existence  upon  the  adoption  of  this  constitution 
shall  derive  the  benefit  of  any  future  legislation  without  first  filing 
in  the  office  of  the  secretary  of  state  an  acceptance  of  the  pro- 
visions of  this  constitution. 

Sec.  7.  Any  association,  corporation  or  lessee  of  the  franchises 
thereof  organized  for  the  purpose  shall  have  the  right  to  construct 
and  maintain  lines  of  telegraph  within  this  state,  and  to  connect 
the  same  with  other  lines. 

Sec.  8.  No  foreign  railroad  or  telegraph  line  shall  do  any  busi- 
ness within  this  state  without  having  an  agent  or  agents  within 
each  county  through  which  such  railroad  or  telegraph  line  shall  be 
constructed  upon  whom  process  may  be  served. 

Sec.  9.  No  railroad  company  shall  construct  or  operate  a  rail- 
road within  four  (4)  miles  of  any  existing  town  or  city  without 


224  THE     GOVERNMENT    OF    WYOMING. 

providing  a  suitable  depot  or  stopping  place  at  the  nearest  practic- 
able point  for  the  convenience  of  said  town  or  city,  and  stopping  all 
trains  doing  local  business  at  said  stopping  place.  No  railroad 
company  shall  deviate  from  the  most  direct  practicable  line  in  con- 
structing a  railroad  for  the  purpose  of  avoiding  the  provisions  of 
this  section. 

ARTICLE    XI. 
Boundaries. 

Section  1.  The  boundaries  of  the  state  of  Wyoming  shall  be  as 
follows:  Commencing  at  the  intersection  of  the  twenty-seventh 
meridian  of  longitude  west  from  Washington  with  the  forty-fifth 
degree  of  north  latitude,  and  running  thence  west  to  the  thirty- 
fourth  meridian  of  west  longitude,  thence  south  to  the  forty-first 
degree  of  north  latitude,  thence  east  to  the  twenty-seventh  merid- 
ian of  west  longitude,  and  thence  north  to  place  of  beginning. 


ARTICLE    XII. 
County  Organization. 

Section  1.  The  several  counties  in  the  territory  of  Wyoming  as 
they  shall  exist  at  the  time  of  the  admission  of  said  territory  as  a 
state,  are  hereby  declared  to  be  the  counties  of  the  state  of  Wyo- 
ming. 

Sec.  2.  The  legislature  shall  provide  by  general  law  for  organiz- 
ing new  counties,  locating  the  county  seats  thereof  temporarily  and 
changing  county  lines.  But  no  new  county  shall  be  formed  unless 
it  shall  contain  within  the  limits  thereof  property  of  the  valuation 
of  two  million  dollars,  as  shown  by  last  preceding  tax  returns,  and 
not  then  unless  the  remaining  portion  of  the  old  county  or  counties 
shall  each  contain  property  of  at  least  three  million  of  dollars  of 
assessable  valuation;  and  no  new  county  shall  be  organized  nor  shall 
any  organized  county  be  so  reduced  as  to  contain  a  population  of  less 
than  one  thousand  five  hundred  bona  fide  inhabitants,  and  in  case 
any  portion  of  an  organized  county  or  counties  is  stricken  off  to 
form  a  new  county,  the  new  county  shall  assume  and  be  holden  for 
an  equitable  proportion  of  the  indebtedness  of  the  county  or  counties 
so  reduced.  No  county  shall  be  divided  unless  a  majority  of  the 
qualified  electors  of  the  territory  proposed  to  be  cut  off  voting  on  the 
proposition  shall  vote  in  favor  of  the  division. 

Sec.  3.  The  legislature  shall  provide  by  general  law  for  chang- 
ing county  seats  in  organized  counties,  but  it  shall  have  no  power 
to  remove  the  county  seat  of  any  organized  county. 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  a  system 
of  township  organization  and  government,  which  may  be  adopted 
by  any  county  whenever  a  majority  of  the  citizens  thereof  voting 
at  a  general  election  shall  so  determine. 

Sec.  5.  The  legislature  shall  provide  by  law  for  the  election  of 
such  county  officers  as  may  be  necessary. 


THE    CONSTITUTION    OF    WYOMING.  225 

ARTICLE    XIII. 
Municipal  Corporations. 

Section  1.  The  legislature  shall  provide  by  general  laws  for  the 
organization  and  classification  of  municipal  corporations.  The  num- 
ber of  such  classes  shall  not  exceed  four  (4),  and  the  powers  of 
each  class  shall  be  defined  by  general  laws,  so  that  no  such  corpora- 
tion shall  have  any  powers  or  be  subject  to  any  restrictions  other 
than  all  corporations  of  the  same  class.  Cities  and  towns  now  ex- 
isting under  special  charters  or  the  general  laws  of  the  territory 
may  abandon  such  charter  and  re-organize  under  the  general  laws 
of  the  state. 

Sec.  2.  No  municipal  corporation  shall  be  organized  without  the 
consent  of  the  majority  of  the  electors  residing  within  the  district 
proposed  to  be  so  incorporated,  such  consent  to  be  ascertained  in  the 
manner  and  under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  3.  The  legislature  shall  restrict  the  powers  of  such  corpora- 
tions to  levy  taxes  and  assessments,  to  borrow  money  and  contract 
debts  so  as  to  prevent  the  abuse  of  such  power,  and  no  tax  or  assess- 
ment shall  be  levied  or  collected  or  debts  contracted  by  municipal 
corporations  except  in  pursuance  of  law  for  public  purposes  speci- 
fied by  law. 

Sec.  4.  No  street  passenger  railway,  telegraph,  telephone  or  elec- 
tric light  line  shall  be  constructed  within  the  limits  of  any  munici- 
pal organization  without  the  consent  of  its  local  authorities. 

Sec.  5.  Municipal  corporations  shall  have  the  same  right  as  in- 
dividuals to  acquire  rights  by  prior  appropriation  and  otherwise  to 
the  use  of  water  for  domestic  and  municipal  purposes,  and  the  legis- 
lature shall  provide  by  law  for  the  exercise  upon  the  part  of  incor- 
porated cities,  towns  and  villages  of  the  right  of  eminent  domain 
for  the  purpose  of  acquiring  from  prior  appropriators  upon  the  pay- 
ment of  just  compensation,  such  water  as  may  be  necessary  for  the 
well  being  thereof  and  for  domestic  uses. 

ARTICLE    XIV. 
Salaries. 

Section  1.  All  state,  city,  county,  town  and  school  officers,  (ex- 
cepting justices  of  the  peace  and  constables  in  precincts  having  less 
than  fifteen  hundred  population,  and  excepting  court  commissioners, 
boards  of  arbitration  and  notaries  public)  shall  be  paid  fixed  and 
definite  salaries.  The  legislature  shall,  from  time  to  time,  fix  the 
amount  of  such  salaries  as  are  not  already  fixed  by  this  constitu- 
tion, which  shall  in  all  cases  be  in  proportion  to  the  value  of  the 
services  rendered  and  the  duty  performed. 

Sec.  2.  The  legislature  shall  provide  by  law  the  fees  which  may 
be  demanded  by  justices  of  the  peace  and  constables  in  precincts 
having  less  than  fifteen  hundred  population,  and  of  court  commis- 
sioners, boards  of  arbitration  and  notaries  public,  which  fees  the 
said  officers  shall  accept  as  their  full  compensation.  But  all  other 
state,  county,  city,  town  and  school  officers  shall  be  required  by  law 
to  keep  a  true  and  correct  account  of  all  fees  collected  by  them, 
and  to  pay  the  same  into  the  proper  treasury  when  collected,  and 


226  THE     GOVERNMENT    OF    WYOMING. 

the  officer  whose  duty  it  is  to  collect  such  fees  shall  be  held  re- 
sponsible, under  his  bond,  for  neglect  to  collect  the  same;  provided, 
that  in  addition  to  the  salary  of  sheriff  they  shall  be  entitled  to 
receive  from  the  party  for  whom  the  services  are  rendered  in  civil 
cases  such  fees  as  may  be  prescribed  by  law. 

Sec.  3.  The  salaries  of  county  officers  shall  be  fixed  by  law  within 
the  following  limits,  to-wit:  In  counties  having  an  assessed  valua- 
tion not  exceeding  two  millions  (2,000,000)  of  dollars,  the  sheriff 
shall  be  paid  not  more  than  fifteen  hundred  dollars  per  year.  The 
county  clerk  shall  not  be  paid  more  than  twelve  hundred  ($1,200) 
dollars  per  year.  The  county  and  prosecuting  attorney  shall  not 
be  paid  more  than  twelve  hundred  ($1,200)  dollars  per  year.  The 
county  treasurer  shall  not  be  paid  more  than  one  thousand  ($1,000) 
dollars  per  year.  The  county  assessor  shall  not  be  paid  more  than 
one  thousand  ($1,000)  dollars  per  year.  The  county  superintend- 
ent of  schools  shall  not  be  paid  more  than  five  hundred  ($500)  dol- 
lars per  year. 

In  counties  having  an  assessed  valuation  of  more  than  two  mil- 
lions ($2,000,000)  'of  dollars  and  not  exceeding  five  millions  ($5,000,- 
000)  of  dollars,  the  sheriff  shall  not  be  paid  more  than  two  thous- 
and ($2,000)  dollars  per  year.  The  county  clerk  shall  not  be  paid 
more  than  eighteen  hundred  ($1,800)  dollars  per  year.  The  county 
treasurer  shall  not  be  paid  more  than  eighteen  hundred  ($1,800) 
dollars  per  year.  The  county  assessor  shall  not  be  paid  more  than 
twelve  hundred  ($1,200)  dollars  per  year.  The  county  and  prosecut- 
ing attorney  shall  not  be  paid  more  than  fifteen  hundred  ($1,500) 
dollars  per  year.  The  county  superintendent  of  schools  shall  not 
be  paid  more  than  seven  hundred  and  fifty  ($750)  dollars  per  year. 

In  counties  having  more  than  five  millions  ($5,000,000)  dollars  as- 
sessed valuation,  the  sheriff  shall  not  be  paid  more  than  two  thou- 
sand ($2,000)  dollars  per  year.  The  county  clerk  shall  not  be  paid 
more  than  two  thousand  ($2,000)  dollars  per  year.  The  county 
treasurer  shall  not  be  paid  more  than  two  thousand  ($2,000)  dol- 
lars per  year.  The  county  assessor  shall  not  be  paid  more  than 
fifteen  hundred  ($1,500)  dollars  per  year.  The  county  and  prose- 
cuting attorney  shall  not  be  paid  more  than  twenty-five  hundred 
($2,500)  dollars  per  year.  The  county  superintendent  of  schools 
shall  not  be  paid  more  than  one  thousand  ($1,000)  dollars  per  year. 
The  county  surveyor  in  each  county  shall  receive  not  to  exceed 
eight  ($8.00)  dollars  per  day,  for  each  day  actually  engaged  in  the 
performance  of  the  duties  of  his  office. 

Sec.  4.  The  legislature  shall  provide  by  general  law  for  such 
deputies  as  the  public  necessities  may  require,  and  shall  fix  their 
compensation. 

Sec.  5.  Any  county  officers  performing  the  duties  usually  per- 
formed by  the  officers  named  in  this  article  shall  be  considered  as 
referred  to  by  section  3  of  this  article,  regardless  of  the  title  by 
which  their  offices  may  hereafter  be  designated. 

Sec.  6.  Whenever  practicable  the  legislature  may,  and  whenever 
the  same  can  be  done  without  detriment  to  the  public  service,  shall 
consolidate  offices  in  state,  county  and  municipalities  respectively, 
and  whenever  so  consolidated,  the  duties  of  such  additional  office 
shall  be  performed  under  an  ex-officio  title. 


THE    CONSTITUTION    OF    WYOMING.  227 

ARTICLE    XV. 
Taxation  and  Revenue. 

Section  1.  All  lands  and  improvements  thereon  shall  be  listed 
for  assessment,  valued  for  taxation  and  assessed  separately. 

Sec.  2.  All  coal  lands  in  the  state  from  which  coal  is  not  being 
mined  shall  be  listed  for  assessment,  valued  for  taxation  and  as- 
sessed according  to  value. 

Sec.  3.  All  mines  and  mining  claims  from  which  gold,  silver  and 
other  precious  metals,  soda,  saline,  coal,  mineral  oil  or  other  valu- 
able deposits,  is  or  may  be  produced  shall  be  taxed  in  addition  to 
the  surface  improvements,  and  in  lieu  of  taxes  on  the  lands,  on  the 
gross  product  thereof,  as  may  be  prescribed  by  law;  provided,  that 
the  product  of  all  mines  shall  be  taxed  in  proportion  to  the  value 
thereof. 

Sec.  4.  For  state  revenue,  there  shall  be  levied  annually  a  tax 
not  to  exceed  four  mills  on  the  dollar  of  the  assessed  valuation  of 
the  property  in  the  state  except  for  the  'support  of  state  educational 
and  charitable  institutions,  the  payment  of  the  state  debt  and  the 
interest  thereon. 

Sec.  5.  For  county  revenue  there  shall  be  levied  annually  a  tax 
not  to  exceed  twelve  mills  on  the  dollar  for  all  purposes  including 
general  school  tax,  exclusive  of  state  revenue,  except  for  the  pay- 
ment of  its  public  debt  and  the  interest  thereon.  An  additional  tax 
of  two  dollars  for  each  person  between  the  ages  of  twenty-one 
years  and  fifty  years,  inclusive,  shall  be  annually  levied  for  county 
school  purposes. 

Sec.  6.  No  incorporated  city  or  town  shall  levy  a  tax  to  exceed 
eight  mills  on  the  dollar  in  any  one  year,  except  for  the  payment 
of  its  public  debt  and  the  interest  thereon, 

Sec.  7.  All  money  belonging  to  the  state,  or  to  any  county,  city, 
town,  village,  or  other  sub-division  therein,  except  as  herein  other- 
wise provided,  shall  whenever  practicable,  be  deposited  in  a  national 
bank  or  banks,  or  in  a  bank  or  banks  incorporated  under  the  laws 
of  this  state;  provided  that  the  bank  or  banks  in  which  such  money 
is  deposited  shall  furnish  security  to  be  approved  as  provided  by 
law;  and  shall  also  pay  a  reasonable  rate  of  interest  thereon.  Such 
interest  shall  accrue  to  the  fund  from  which  it  is  derived. 

Sec.  8.  The  making  of  profit,  directly  or  indirectly,  out  of  state, 
county,  city,  town  or  school  district  money  or  other  public  fund, 
or  using  the  same  for  any  purpose  not  authorized  by  law,  by  any 
public  officer,  shall  be  deemed  a  felony,  and  shall  be  punished  as 
provided  by  law. 

Sec.  9.  There  shall  be  a  state  board,  composed  of  the  state  au- 
ditor, treasurer  and  secretary  of  state. 

Sec.  10.  The  duties  of  the  state  board  shall  be  as  follows:  To 
fix  a  valuation  each  year  for  the  assessment  of  live  stock  and  to 
notify  the  several  county  boards  of  equalization  of  the  rate  so  fixed 
at  least  ten  (10)  days  before  the  day  fixed  for  beginning  assess- 
ments; to  assess  at  their  actual  value  the  franchises,  roadway,  road- 
bed, rails  and  rolling  stock  and  all  other  property,  used  in  the  opera- 
tion of  all  railroads  and  other  common  carriers,  except  machine 


228  THE     GOVERNMENT    OF    WYOMING. 

shops,  rolling  mills  and  hotels  in  this  state;  such  assessed  valua- 
tion shall  be  apportioned  to  the  counties  in  which  said  roads  and 
common  carriers  are  located,  as  a  basis  for  taxation  of  such  prop- 
erty; provided,  that  the  assessment  so  made  shall  not  apply  to  in- 
corporated towns  and  cities.  Said  board  shall  also  have  power  to 
equalize  the  valuation  on  all  property  in  the  several  counties  for 
the  state  revenue  and  such  other  duties  as  may  be  prescribed  by 
law. 

Sec.  11.  All  property,  except  as  in  this  constitution  otherwise 
provided,  shall  be  uniformly  assessed  for  taxation,  and  the  legis- 
lature shall  prescribe  such  regulations  as  shall  secure  a  just  valua- 
tion for  taxation  of  all  property,  real  and  personal. 

Sec.  12.  The  property  of  the  United  States,  the  state,  counties, 
cities,  towns,  school  districts,  municipal  corporations  and  public 
libraries,  lots  with  the  buildings  thereon  used  exclusively  for  re- 
ligious worship,  church  parsonages,  public  cemeteries,  shall  be  ex- 
empt from  taxation,  and  such  other  property  as  the  legislature  may 
by  general  law  provide. 

Sec.  13.  No  tax  shall  be  levied,  except  in  pursuance  of  law,  and 
every  law  imposing  a  tax  shall  state  distinctly  the  object  of  the 
same,  to  which  only  it  shall  be  applied. 

Sec.  14.  The  power  of  taxation  shall  never  be  surrendered  or 
suspended  by  any  grant  or  contract  to  which  the  state  or  any  county 
or  other  municipal  corporation  shall  be  a  party. 

ARTICLE    XVI. 
Public   Indebtedness. 

Section  1.  The  state  of  Wyoming  shall  not,  in  any  manner, 
create  any  indebtedness  exceeding  one  per  centum  on  the  assessed 
value  of  the  taxable  property  in  the  state,  as  shown  by  the  last  gen- 
eral assessment  for  taxation,  preceding;  except  to  suppress  insur- 
rection or  to  provide  for  the  public  defense. 

Sec.  2.  No  debt  in  excess  of  the  taxes  for  the  current  year,  shall 
in  any  manner  be  created  in  the  state  of  Wyoming,  unless  the 
proposition  to  create  such  debt  shall  have  been  submitted  to  a  vote 
of  the  people  and  by  them  approved;  except  to  suppress  insurrec- 
tion or  to  provide  for  the  public  defense. 

Sec.  3.  No  county  in  the  state  of  Wyoming  shall  in  any  manner 
create  any  indebtedness,  exceeding  two  per  centum  on  the  assessed 
value  of  taxable  property  in  such  county,  as  shown  by  the  last  gen- 
eral assessment,  preceding;  provided,  however,  that  any  county, 
city,  town,  village  or  other  sub-division  thereof  in  the  state  of  Wyo- 
ming, may  bond  its  public  debt  existing  at  the  time  of  the  adoption 
of  this  constitution,  in  any  sum  not  exceeding  four  per  centum  on 
the  assessed  value  of  the  taxable  property  in  such  county,  city,  town, 
village  or  other  sub-division,  as  shown  by  the  last  general  assess- 
ment for  taxation. 

Sec.  4.  No  debt  in  excess  of  the  taxes  for  the  current  year  shall, 
in  any  manner,  be  created  by  any  county  or  sub-division  thereof,  or 
any  city,  town  or  village,  or  any  sub-division  thereof  in  the  state 
of  Wyoming,  unless  the  proposition  to  create  such  debt  shall  have 
been  submitted  to  a  vote  of  the  people  thereof  and  by  them  approved. 


THE    CONSTITUTION    OF    WYOMING.  229 

Sec.  5.  No  city,  town  or  village,  or  any  sub-division  thereof,  or 
any  sub-division  of  any  county  of  the  state  of  Wyoming,  shall,  in 
any  manner,  create  any  indebtedness  exceeding  two  per  centum  on 
the  assessed  value  of  the  taxable  property  therein;  provided,  how- 
ever, that  any  city,  town  or  village  may  be  authorized  to  create  an 
additional  indebtedness,  not  exceeding  four  per  centum  on  the  as- 
sessed value  of  the  taxable  property  therein  as  shown  by  the  last 
preceding  general  assessment,  for  the  purpose  of  building  sewerage 
therein.  Debts  contracted  for  supplying  water  to  such  city  or  town 
are  excepted  from  the  operation  of  this  section. 

Sec.  6.  Neither  the  state  nor  any  county,  city,  township,  town, 
school  district.or  any  other  political  sub-division,  shall  loan  or  give 
its  credit  or  make  donations  to  or  in  aid  of  any  individual,  associa- 
tion or  corporation,  except  for  necessary  support  of  the  poor,  nor 
subscribe  to  or  become  the  owner  of  the  capital  stock  of  any  associa- 
tion or  corporation.  The  state  shall  not  engage  in  any  work  of  in- 
ternal improvement  unless  authorized  by  a  two-thirds  vote  of  the 
people. 

Sec.  7.  No  money  shall  be  paid  out  of  the  state  treasury  except 
upon  appropriation  by  law  and  on  warrant  drawn  by  the  proper 
officer,  and  no  bills,  claims,  accounts  or  demands  against  the  state, 
or  any  county  or  political  sub-division,  shall  be  audited,  allowed  or 
paid  until  a  full  itemized  statement  in  writing,  verified  by  affidavit, 
shall  be  filed  with  the  officer  or  officers  whose  duty  it  may  be  to 
audit  the  same. 

Sec.  8.  No  bond  or  evidence  of  indebtedness  of  the  state  shall  be 
valid  unless  the  same  shall  have  endorsed  thereon  a  certificate 
signed  by  the  auditor  and  secretary  of  state  that  the  bond  or  evi- 
dence of  debt  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 
No  bond  or  evidence  of  debt  of  any  county,  or  bond  of  any  township 
or  other  political  sub-division,  shall  be  valid  unless  the  same  shall 
have  endorsed  thereon  a  certificate  signed  by  the  county  auditor 
or  other  officer  authorized  by  law  to  sign  such  certificate,  stating 
that  said  bond  or  evidence  of  debt  is  issued  pursuant  to  law  and  is 
within  the  debt  limit. 

ARTICLE    XVII. 
State  Militia. 

Section  1.  The  militia  of  the  state  shall  consist  of  all  able- 
bodied  male  citizens  of  the  state,  between  the  ages  of  eighteen  and 
forty-five  years;  except  such  as  are  exempted  by  the  law  of  the 
United  States  or  the  state.  But  all  such  citizens  having  scruples 
of  conscience  reverse  to  bearing  arms  shall  be  excused  therefrom 
upon  such  conditions  as  shall  be  prescribed  by  law. 

Sec.  2.  The  legislature  shall  provide  by  law  for  the  enrollment, 
equipment  and  discipline  of  the  militia  to  conform  as  nearly  as 
practicable  to  the  regulations  for  the  government  of  the  armies  of 
the  United  States. 

Sec.  3.  All  militia  officers  shall  be  commissioned  by  the  govern- 
or, the  manner  of  their  selection  to  be  provided  by  law,  and  may 
hold  their  commissions  for  such  period  of  time  as  the  legislature 
may  provide. 


230  THE     GOVERNMENT    OF    WYOMING. 

Sec.  4.  No  military  organization  under  the  laws  of  the  state  shall 
carry  any  banner  of  flag  representing  any  sect  or  society  or  the 
flag  of  any  nationality  but  that  of  the  United  States. 

Sec.  5.  The  governor  shall  be  commander-in-chief  of  all  the  mili- 
tary forces  of  the  state,  and  shall  have  power  to  call  out  the  militia 
to  preserve  the  public  peace,  to  execute  the  laws  of  the  state,  to 
suppress  insurrection  or  repel  invasion. 


ARTICLE   XVIII. 
Public  Lands  and  Donations. 

Section  1.  The  state  of  Wyoming  hereby  agrees  to  accept  the 
grants  of  lands  heretofore  made,  or  that  may  be  hereafter  made  by 
the  United  States  to  the  state,  for  educational  purposes,  for  public 
buildings  and  institutions  and  for  other  objects,  and  donations  of 
money  with  the  conditions  and  limitations  that  may  be  imposed  by 
the  act  or  acts  of  congress,  making  such  grants  or  donations.  Such 
lands  shall  be  disposed  of  only  at  public  auction  to  the  highest  re- 
sponsible bidder,  after  having  been  duly  appraised  by  the  land  com- 
missioners, at  not  less  than  three-fourths  of  the  appraised  value 
thereof,  and  for  not  less  than  $10  per  acre;  provided,  that  in  case 
of  actual  and  bona  fide  settlement  and  improvement  thereon  at  the 
time  of  the  adoption  of  this  constitution,  such  actual  settler  shall 
have  the  preference  right  to  purchase  the  land  whereon  he  may 
have  settled,  not  exceeding  160  acres  at  a  sum  not  less  than  the 
appraised  value  thereof,  and  in  making  such  appraisment  the  value 
of  improvements  shall  not  be  taken  into  consideration.  If,  at  any 
time  hereafter,  the  United  States  shall  grant  any  arid  lands  in  the 
state  to  the  state,  on  the  condition  that  the  state  reclaim  and  dis- 
pose of  them  to  actual  settlers,  the  legislature  shall  be  authorized  to 
accept  such  arid  lands  on  such  conditions,  or  other  conditions,  if 
the  same  are  practicable  and  reasonable. 

Sec.  2.  The  proceeds  from  the  sale  and  rental  of  all  lands  and 
other  property  donated,  granted  or  received,  or  that  may  hereafter 
be  donated,  granted  or  received,  from  the  United  States  or  any 
other  source,  shall  be  inviolably  appropriated  and  applied  to  the 
specific  purposes  specified  in  the  original  grant  or  gifts. 

Sec.  3.  The  governor,  superintendent  of  public  instruction  and 
secretary  of  state,  shall  constitute  a  board  of  land  commissioners 
who,  under  such  regulations  as  may  be  provided  by  law,  shall  have 
the  direction,  control,  disposition  and  care  of  all  lands  that  have 
been  heretofore  or  may  hereafter  be  granted  to  the  state. 

Sec.  4.  The  legislature  shall  enact  the  necessary  laws  for  the 
sale,  disposal,  leasing  or  care  of  all  lands  that  have  been  or  may 
hereafter  be  granted  to  the  state,  and  shall,  at  the  earliest  practic- 
able period,  provide  by  law  for  the  location  and  selection  of  all 
lands  that  have  been  or  may  hereafter  be  granted  by  congress  to  the 
state,  arid  shall  pass  laws  for  the  suitable  keeping,  transfer  and 
disbursement  of  the  land  grant  funds,  and  shall  require  of  all  officers 
charged  with  the  same  or  the  safe  keeping  thereof  to  give  ample 
bonds  for  all  moneys  and  funds  received  by  them. 


THE    CONSTITUTION    OF    WYOMING.  231 

Sec.  5.  Except  a  preference  right  to  buy  as  in  this  constitution 
otherwise  provided,  no  law  shall  ever  be  passed  by  the  legislature 
granting  any  privileges  to  persons  who  may  have  settled  upon  any 
of  the  schools  lands  granted  to  the  state  subsequent  to  the  survey 
thereof  by  the  general  government,  by  which  the  amount  to  be  de- 
rived by  the  sale,  or  other  disposition  of  such  lands,  shall  be  dimin- 
ished directly  or  indirectly. 

Sec.  6.  If  any  portion  of  the  interest  or  income  of  the  perpetual 
school  fund  be  not  expended  during  any  year,  said  portion  shall  be 
added  to  and  become  a  part  of  the  said  school  fund. 


AKTICLE 

Miscellaneous. 
Live  Stock. 

Section  1.  The  legislature  shall  pass  all  necessary  laws  to  pro- 
vide for  the  protection  of  live  stock  against  the  introduction  or 
spread  of  pleuro-pneumonia,  glanders,  splenetic  or  Texas  fever,  and 
other  infectious  or  contagious  diseases.  The  legislature  shall  also 
establish  a  system  of  quarantine,  or  inspection,  and  such  other 
regulations  as  may  be  necessary  for  the  protection  of  stock  owners, 
and  most  conducive  to  the  stock  interests  within  the  state. 
Concerning1  Labor. 

Section  1.     Eight   (8)  hours  actual  work  shall  constitute  a  lawful 
day's  work  in  all  mines,  and  on  all  state  and  municipal  works. 
Labor  on  Public  Works. 

Section  1.  No  person  not  a  citizen  of  the  United  States  or  who 
has  not  declared  his  intentions  to  become  such,  shall  be  employed 
upon  or  in  connection  with  any  state,  county  or  municipal  works 
or  employment. 

Sec.  2.  The  legislature  shall,  by  appropriate  legislation,  see  that 
the  provisions  of  the  foregoing  section  are  enforced. 

Boards  of  Arbitration. 

Section  1.  The  legislature  shall  establish  courts  of  arbitration, 
whose  duty  it  shall  be  to  hear,  and  determine  all  differences,  and 
controversies  between  organizations  or  associations  of  laborers,  and 
their  employers,  which  shall  be  submitted  to  them  in  such  manner 
as  the  legislature  may  provide. 

Police  Powers. 

Section  1.  No  armed  police  force,  or  detective  agency,  or  armed 
body,  or  unarmed  body  of  men,  shall  ever  be  brought  into  this 
state,  for  the  suppression  of  domestic  violence,  except  upon  the  ap- 
plication of  the  legislature,  or  executive,  when  the  legislature  cannot 
be  convened. 

Labor  Contracts. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or  cor- 
poration, to  require  of  its  servants  or  employees  as  a  condition  of 
their  employment,  or  otherwise,  any  contract  or  agreement,  whereby 
such  person,  company  or  corporation  shall  be  released  or  dis- 
charged from  liability  or  responsibility,  on  account  of  personal 


232  THE     GOVERNMENT    OF     WYOMING. 

injuries  received  by  such  servants  or  employees,  while  in  the  service 
of  such  person,  company  or  corporation,  by  reason  -of  the  negli- 
gence of  such  person,  company  or  corporation,  or  the  agents  or  em- 
ployees thereof,  and  such  contracts  shall  be  absolutely  null  and  void. 

Arbitration. 

Section  1.  The  Legislature  may  provide  by  law  for  the  voluntary 
submission  of  differences  to  arbitrators  for  determination,  and  said 
arbitrators  shall  have  such  powers  and  duties  as  may  be  prescribed 
by  law,  but  they  shall  have  no  power  to  render  judgment  to  be 
obligatory  on  parties,  unless  they  voluntarily  submit  their  matters 
of  difference  and  agree  to  abide  by  the  judgment  of  such  arbitrators. 

Homesteads. 

Section  1.  A  homestead  as  provided  by  law  shall  be  exempt  from 
forced  sale  under  any  process  of  law,  and  shall  not  be  alienated 
without  the  joint  consent  of  husband  and  wife,  when  tha't  relation 
exists;  but  no  property  shall  be  exempt  from  sale  for  taxes,  or  for 
the  payment  of  obligations  contracted  for  the  purchase  of  said 
premises,  or  for  the  erection  of  improvements  thereon. 

ARTICLE     XX. 
Amendments. 

Section  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  either  branch  of  the  Legislature,  and,  if  the 
same  shall  be  agreed  to  by  two-thirds  of  all  the  members  of  each 
of  the  two  houses,  voting  separately,  such  proposed  amendment  or 
amendments  shall,  with  the  yeas  and  nays  thereon,  be  entered  on 
their  journals,  and  it  shall  be  the  duty  of  the  Legislature  to  submit 
such  amendment  or  amendments  to  the  electors  of  the  State  at  the 
next  general  election,  and  cause  the  same  to  be  published  without 
delay  for  at  least  twelve  (12)  consecutive  weeks,  prior  to  said  elec- 
tion, in  at  least  one  newspaper  of  general  circulation,  published 
in  each  county,  and  if  a  majority  of  the  electors  shall  ratify  the 
same,  such  amendment  or  amendments  shall  become  a  part  of  this 
Constitution. 

Sec.  2.  If  two  or  more  amendments  are  proposed,  they  shall  be 
submitted  in  such  manner  that  the  electors  shall  vote  for  or  against 
each  of  them  separately. 

Sec.  3.  Whenever  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature  shall  deem  it  necessary  to  call  a  conven- 
tion to  revise  or  amend  this  Constitution,  they  shall  recommend  to 
the  electors  to  vote  at  the  next  general  election  for  or  against  a 
convention,  and  if  a  majority  of  all  the  electors  voting  at  such  elec- 
tion shall  have  voted  for  a  convention,  the  Legislature  shall  at  the 
next  session  provided  by  law  for  calling  the  same;  and  such  con- 
vention shall  consist  of  a  number  of  members,  not  less  than  double 
that  of  the  most  numerous  branch  of  the  Legislature. 

Sec.  4.  Any  Constitution  adopted  by  such  convention  shall  have 
no  validity  until  it  has  been  submitted  to  and  adopted  by  the  people. 


THE    CONSTITUTION    OF    WYOMING.  233 

ARTICLE     XXI. 
Schedule. 

Section  1.  That  no  inconvenience  may  arise  from  a  change  of 
the  Territorial  government  to  a  permanent  State  government,  it  is 
declared  that  all  writs,  actions,  prosecutions,  claims,  liabilities  and 
obligations  against  the  Territory  of  Wyoming,  of  whatever  nature, 
and  rights  of  individuals,  and  of  bodies  corporate,  shall  continue  as 
if  no  change  had  taken  place  in  this  government,  and  all  process 
which  may,  before  the  organization  of  the  judicial  department  under 
this  Constitution,  be  issued  under  the  authority  of  the  Territory  of 
Wyoming  shall  be  as  valid  as  if  issued  in  the  name  of  the  State. 

Sec.  2.  All  property,  real  and  personal,  and  all  moneys,  credits, 
claims  and  choses  in  action,  belonging  to  the  Territory  of  Wyoming, 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  vested  in 
and  become  the  property  of  the  State  of  Wyoming. 

Sec.  3.  All  laws  now  in  force  in  the  Territory  of  Wyoming:,  which 
are  not  repugnant  to  this  Constitution,  shall  remain  in  force  until 
they  expire  by  their  own  limitation,  or  be  altered  or  repealed  by  the 
Legislature. 

Sec.  4.  All  fines,  penalties,  forfeitures  and  escheats,  accruing  to 
the  Territory  of  Wyoming,  shall  accrue  to  the  use  of  the  State. 

Sec.  5.  All  recognizances,  bonds,  obligations  or  other  undertakings 
heretofore  taken,  or  which  may  be  taken  before  the  organization 
of  the  judicial  department  under  this  Constitution  shall  remain 
valid,  and  shall  pass  over  to  and  may  be  prosecuted  in  the  name  of 
the  State,  and  all  bonds,  obligations  or  other  undertakings  executed 
to  this  Territory,  or  to  any  officer  in  his  official  capacity,  shall  pass 
over  to  the  proper  State  authority  and  to  their  successors  in  office, 
for  the  uses  therein  respectively  expressed,  and  may  be  sued  for  and 
recovered  accordingly.  All  criminal  prosecutions  and  penal  actions 
which  have  arisen  or  which  may  arise  before  the  organization  of 
the  judicial  department  under  this  Constitution,  and  which  shall  then 
be  pending,  may  be  prosecuted  to  judgment  and  execution  in  the 
name  of  the  State. 

Sec.  6.  All  officers,  civil  and  military,  holding  their  offices  and 
appointments  in  this  Territory,  under  the  authority  of  the  United 
States  or  under  the  authority  of  this  Territory,  shall  continue  to 
hold  and  exercise  their  respective  offices  and  appointments  until 
suspended  under  this  Constitution. 

Sec.  7.  This  Constitution  shall  be  submitted  for  adoption  or  re- 
jection to  a  vote  of  the  qualified  electors  of  this  Territory,  at  an 
election,  to  be  held  on  the  first  Tuesday  in  November,  A.  D.  1889. 
Said  election,  as  nearly  as  may  be,  shall  be  conducted  in  all  re- 
spects in  the  same  manner  as  provided  by  the  laws  of  the  Territory 
for  general  elections,  and  the  returns  thereof  shall  be  made  to  the 
Secretary  of  said  Territory,  who  with  the  Governor  and  Chief  Jus- 
tice thereof,  or  any  two  of  them,  shall  canvass  the  same,  and  if  a 
majority  of  the  legal  votes  cast  shall  be  for  the  Constitution  the 
Governor  shall  certify  the  result  to  the  President  of  the  United 
States,  together  with  a  statement  of  the  votes  cast  thereon  and  a 
copy  of  said  Constitution,  articles,  propositions  and  ordinances.  At 


234  THE     GOVERNMENT    OF    WYOMING. 

the  said  election  the  ballots  shall  be  in  the  following  form:  "For 
the  Constitution — Yes.  No."  And  as  a  heading  to  each  of  said 
ballots,  shall  be  printed  on  each  ballot  the  following  instructions 
to  voters:  "All  persons  who  desire  to  vote  for  the  Constitution  may 
erase  the  word  'No.'  All  persons  who  desire  to  vote  against  the 
Constitution  may  erase  the  word  'Yes'."  Any  person  may  have 
printed  or  written  on  his  ballot  only  the  words:  "For  the  Con- 
stitution," or  "Against  the  Constitution,"  and  such  ballots  shall  be 
counted  for  or  against  the  Constitution  accordingly. 

Sec.  8.  This  Constitution  shall  take  effect  and  be  in  full  force 
immediately  upon  the  admission  of  the  Territory  as  a  State. 

Sec.  9.  Immediately  upon  the  admission  of  the  Territory  as  a 
State,  the  Governor  of  the  Territory,  or  in  case  of  his  absence  or 
failure  to  act,  the  Secretary  of  the  Territory,  or  in  case  of  his  ab- 
sence or  failure  to  act,  the  president  of  this  convention,  shall  issue 
a  proclamation,  which  shall  be  published  and  a  copy  thereof  mailed 
to  the  chairman  of  the  Board  of  County  Commissioners  of  each 
county,  calling  an  election  by  the  people  for  all  State,  district  and 
other  officers,  created  and  made  elective  by  this  Constitution,  and 
fixing  a  day  for  such  election,  which  shall  not  be  less  than  forty 
days  after  the  date  of  such  proclamation  nor  more  than  ninety  days 
after  the  admission  of  the  Territory  as  a  State. 

Sec.  10.  The  board  of  commissioners  of  the  several  counties  shall 
thereupon  order  such  election  for  said  day,  and  shall  cause  notice 
thereof  to  be  given,  in  the  manner  and  for  the  length  of  time  pro- 
vided by  the  laws  of  the  Territory  in  cases  of  general  elections  for 
delegate  to  Congress,  and  county  and  other  officers.  Every  qualified 
elector  of  the  Territory  at  the  date  of  said  election  shall  be  entitled 
to  vote  thereat.  Said  election  shall  be  conducted  in  all  respects  in 
the  same  manner  as  provided  by  the  laws  of  the  Territory  for  gen- 
eral election,  and  the  returns  theerof  shall  be  made  to  the  can- 
vassing board  hereinafter  provided  for. 

Sec.  11.  The  Governor,  Secretary  of  the  Territory  and  president 
of  this  convention,  or  a  majority  of  them,  shall  constitute  a  board 
of  canvassers  to  canvass  the  vote  of  such  election  for  member  of 
Congress,  all  State  and  district  officers  and  members  of  the  Legisla- 
ture. The  said  board  shall  assemble  at  the  seat  of  government  of 
the  Territory  on  the  thirtieth  day  after  the  day  of  such  election 
(or  on  the  following  day  if  such  day  fall  on  Sunday)  and  proceed 
to  canvass  the  votes  for  all  State  and  district  officers  and  mem- 
bers of  the  Legislature,  in  the  manner  provided  by  the  laws  of  the 
Territory  for  canvassing  the  vote  for  delegate  to  Congress,  and 
they  shall  issue  certificates  of  election  to  the  persons  found  to  be 
elected  to  said  offices,  severally,  and  shall  make  and  file  with  the 
Secretary  of  the  Territory  an  abstract  certified  by  them  of  the  num- 
ber of  votes  cast  for  each  person,  for  each  of  said  offices,  and  of 
the  total  number  of  votes  cast  in  each  county. 

Sec.  12.  All  officers  elected  at  such  election,  except  members  of 
the  Legislature  shall,  within  thirty  days  after  they  have  been  de- 
clared elected,  take  the  oath  required  by  this  Constitution,  and  give 
the  same  bond  required  by  the  law  of  the  Territory  or  district,  and 


THE    CONSTITUTION    OF    WYOMING.  235 

shall  thereupon  enter  upon  the  duties  of  their  respective  offices; 
but  the  Legislature  may  require  by  law  all  such  officers  to  give 
other  or  further  bonds  as  a  condition  of  their  continuance  In  office. 

Sec.  13.  The  Governor-elect  of  the  State,  immediately  upon  his 
qualifying  and  entering  upon  the  duties  of  his  office,  shall  issue 
his  proclamation  convening  the  Legislature  of  the  State  at  the  seat 
of  government,  on  a  day  to  be  named  in  said  proclamation,  and  which 
shall  not  be  less  than  thirty  nor  more  than  sixty  days  after  the  date 
of  such  proclamation.  Within  ten  days  after  the  organization  of  the 
Legislature,  both  houses  of  the  Legislature,  in  joint  session,  shall 
then  and  there  proceed  to  elect,  as  provided  by  law,  two  Senators 
of  the  United  States  for  the  State  of  Wyoming.  At  said  election  the 
two  persons  who  shall  receive  the  majority  of  all  the  votes  cast  by 
said  Senators  and  Representatives  shall  be  elected  as  such  United 
States  Senators,  and  shall  be  so  declared  by  the  presiding  officers 
of  said  joint  session.  The  presiding  officers  of  the  Senate  and 
House  shall  issue  a  certificate  to  each  of  said  Senators  certifying 
his  election,  which  certificates  shall  also  be  signed  by  the  Governor 
and  attested  by  the  Secretary  of  State. 

Sec.  14.  The  Legislature  shall  pass  all  necessary  laws  to  carry 
into  effect  the  provisions  of  this  Constitution. 

Sec.  15.  Whenever  any  two  of  the  judges  of  the  Supreme  Court 
of  the  State,  elected  under  the  provisions  of  this  Constitution,  shall 
have  qualified  in  their  offices,  the  causes  then  pending  in  the  Su- 
preme Court  of  the  Territory,  and  the  papers,  records  and  proceed- 
ings of  said  court,  and  the  seal  and  other  property  pertaining  thereto, 
shall  pass  into  the  jurisdiction  and  possession  of  the  Supreme  Court 
of  the  State;  and  until  so  superseded  the  Supreme  Court 
of  the  Territory  and  the  judges  thereof  shall  continue  with  like 
powers  and  jurisdiction,  as  if  this  Constitution  had  not  been 
adopted.  Whenever  the  judge  of  the  District  Court  of  any  district, 
elected  under  the  provisions  of  this  Constitution,  shall  have  qualified 
in  office,  the  several  causes  then  pending  in  the  District  Court  of 
the  Territory,  within  any  county  in  such  district,  and  the  records, 
papers  and  proceedings  of  said  District  Court  and  the  seal  and  other 
property  pertaining  thereto,  shall  pass  into  the  jurisdiction  and 
possession  of  the  District  Court  of  the  State  for  such  county;  and 
until  the  District  Courts  of  this  Territory  shall  be  superseded  in 
the  manner  aforesaid,  the  said  District  Courts  and  the  judges 
thereof  shall  continue  with  the  same  jurisdiction  and  power  to  be 
exercised  in  the  same  judicial  districts  respectively  as  heretofore 
constituted  under  the  laws  of  the  Territory. 

Sec.  16.  Until  otherwise  provided  by  law  the  seals  now  in  use 
in  the  Supreme  and  District  Courts  of  this  Territory  are  hereby  de- 
clared to  be  the  seals  of  the  Supreme  and  District  Courts,  re- 
spectively, of  the  State. 

Sec.  17.  Whenever  this  Constitution  shall  go  into  effect,  records 
and  papers  and  proceedings  of  the  Probate  Court  in  each  county, 
and  all  causes  and  matters  of  administration  and  other  matters 
pending  therein,  shall  pass  into  the  jurisdiction  and  possession  of 
the  District  Court  of  the  same  county,  and  the  said  District  Court 


236  THE     GOVERNMENT    OF    WYOMING. 

shall  proceed  to  final  decree  or  judgment  order  or  other  determina- 
tion in  the  said  several  matters  and  causes,  as  the  said  Probate 
Court  might  have  done  if  this  Constitution  had  not  been  adopted. 

Sec.  18.  Senators  and  members  of  the  House  of  Representatives 
shall  be  chosen  by  the  qualified  electors  of  the  several  Senatorial 
and  Representative  districts  as  established  in  this  Constitution,  until 
such  districts  shall  be  changed  by  law,  and  thereafter  by  the  quali- 
fied electors  of  the  several  districts  as  the  same  shall  be  established 
by  law. 

Sec.  19.  All  county  and  precinct  officers  who  may  be  in  office  at 
the  time  of  the  adoption  of  this  Constitution,  shall  hold  their  re- 
spective offices  for  the  full  time  for  which  they  may  have  been 
elected,  and  until  such  time  as  their  successors  may  be  elected  and 
qualified,  as  may  be  provided  by  law,  and  the  official  bonds  of  all 
such  officers  shall  continue  in  full  force  and  effect  as  though  this 
Constitution  had  not  been  adopted. 

Sec.  20.  Members  of  the  Legislature  and  all  State  officers,  Dis- 
trict and  Supreme  Judges  elected  at  the  first  election  held  under 
this  Constitution  shall  hold  their  respective  offices  for  the  full  term 
next  ensuing  such  election,  in  addition  to  the  period  intervening  be- 
tween the  date  of  their  qualification  and  the  commencement  of  such 
full  term. 

Sec.  21.  If  the  first  session  of  the  Legislature  under  this  Consti- 
tution shall  be  concluded  within  twelve  months  of  the  time  desig- 
nated for  a  regular  session  thereof,  then  the  next  regular  session 
following  said  special  session  .shall  be  omitted. 

Sec.  22.  The  first  regular  election  that  would  otherwise  occur 
following  the  first  session  of  the  Legislature,  shall  be  omitted,  and 
all  county  and  precinct  officers  elected  at  the  first  election  held  un- 
der this  Constitution  shall  hold  their  office  for  the  full  term  thereof, 
commencing  at  the  expiration  of  the  term  of  the  county  and  pre- 
cinct officers  then  in  office,  or  the  date  of  their  qualification. 

Sec.  23.  This  Convention  does  hereby  declare  on  behalf  of  the 
people  of  the  Territory  of  Wyoming,  that  this  Constitution  has  been 
prepared  and  submitted  to  the  people  of  the  Territory  of  Wyoming 
for  their  adoption  or  rejection,  with  no  purpose  of  setting  up  or 
organizing  a  State  government  until  such  time  as  the  Congress  of 
the  United  States  shall  enact  a  law  for  the  admission  of  the  Terri- 
tory of  Wyoming  as  a  State  under  its  provision. 

Ordinances. 

The  following  article  shall  be  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  this  State: 

Section  1.  The  State  of  Wyoming  is  an  inseparable  part  of  the 
Federal  Union  and  the  Constitution  of  the  United  States  is  the  su- 
preme law  of  the  land. 

Sec.  2.  Perfect  toleration  of  religious  sentiment  shall  be  secured, 
and  no  inhabitant  of  this  State  shall  ever  be  molested  in  person  or 
property  on  account  of  his  or  her  mode  of  religious  worship. 

Sec.  3.  The  people  inhabiting  this  State  do  agree  and  declare  that 
they  forever  disclaim  all  right  and  title  to  the  unappropriated  pub- 
lic lands  lying  within  the  boundaries  thereof,  and  to  all  lands  lying 


THE    CONSTITUTION    OF    WYOMING. 


237 


within  said  limits  owned  or  held  by  any  Indian  or  Indian  tribes, 
and  that  until  the  title  thereto  shall  have  been  extinguished  by  the 
United  States,  the  same  shall  be  and  remain  subject  to  the  dispo- 
sition of  the  United  States,  and  that  said  Indian  lands  shall  remain 
under  the  absolute  jurisdiction  and  control  of  the  Congress  of  the 
United  States;  that  the  lands  belonging  to  citizens  of  the  United 
States  residing  without  this  State  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  belonging  to  residents  of  this  State;  that  no 
taxes  shall  be  imposed  by  this  State  on  lands  or  property  therein, 
belonging  to,  or  which  may  hereafter  be  purchased  by  the  United 
States,  or  reserved  for  its  use.  But  nothing  in  this  article  shall 
preclude  this  State  from  taxing  as  other  lands  are  taxed,  any  lands 
owned  or  held  by  any  Indian  who  has  severed  his  tribal  relations, 
and  has  obtained  from  the  United  States,  or  from  any  person,  a 
title  thereto,  by  patent  or  other  grant,  save  and  except  such  lands 
as  have  been  or  may  be  granted  to  any  Indian  or  Indians  under  any 
acts  of  Congress  containing  a  provision  exempting  the  lands  thus 
granted  from  taxation,  which  last  mentioned  lands  shall  be  exempt 
from  taxation  so  long,  and  to  such  an  extent,  as  is,  or  may  be  pro- 
vided in  the  act  of  Congress  granting  the  same. 

Sec.  4.  All  debts  and  liabilities  of  the  Territory  of  Wyoming 
shall  be  assumed  and  paid  by  this  State. 

Sec.  5.  The  Legislature  shall  make  laws  for  the  establishment 
and  maintenance  of  systems  of  public  schools  which  shall  be  open 
to  all  the  children  of  the  State  and  free  from  sectarian  control. 

Done  in  open  convention,  at  the  City  of  Cheyenne,  in  the  Territory 
of  Wyoming,  this  30th  day  of  September  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  eighty-nine. 


Attested: 

JOHN  K.  JEFFREY,  Secretary. 

GEO.   W.   BAXTER, 
A.    C.    CAMPBELL, 
J.  A.  CASEBEER, 
C.  D.  CLARK, 
HENRY    A.    COFFEEN, 
ASBURY   B.   CONAWAY, 
HENRY  S.   ELLIOTT, 
MORTIMER  N.  GRANT, 
HENRY   G.    HAY, 
FREDERICK   H.    HARVEY, 
MARK   HOPKINS, 
JOHN  W.   HOYT, 
WM.  C.   IRVINE, 
JAMES    A.    JOHNSTON, 
JESSE  KNIGHT, 
ELLIOTT  S.  N.  MORGAN, 
EDWARD    J.    MORRIS, 
JOHN  M.   McCANDLISH, 
HERMAN   F.    MENOUGH, 

CALEB  P.  ORGAN. 
LOUIS  J.  PALMER, 
C.  W.  HOLDEN, 


MELVILLE  C.   BROWN, 
President. 

H.    G.    NICKERSON, 
A.  L.  SUTHERLAND, 
W.  E.  CHAPLIN, 
JONATHAN   JONES, 
JOHN   L.   RUSSELL, 
GEO.   W.    FOX, 
FRANK  M.   FOOTE, 
CHAS.  H.  BURRITT, 
CHAS.    N.    POTTER, 
D.   A.   PRESTON, 
JOHN  A.  RINER. 
GEO.   C.   SMITH, 
H.  E.   TESCHEMACHER, 
C.   L.  VAGNER, 
THOS.   R.   REID, 
ROBT.    C.    BUTLER, 
C.  W.  BURDICK, 
DE  FOREST  RICHARDS, 
MEYER   FRANK, 
M.   C.   BARROW. 
RICHARD   H.    SCOTT. 


APPENDIX  B 

STATE   BUILDINGS. 

LOCATION  AUTHORIZED  BY  LEGISLATURE 

Fish  Hatchery,  Laramie 1884 

Capitol,  Cheyenne 1886 

Insane  Asylum,  Evanston 1886 

University,  Laramie 1886 

Deaf,  Dumb   and    Blind   Asylum,    Cheyenne     .  1886   (a) 

Penitentiary,  Rawlins 1888   (b) 

Poor  Asylum,  Lander        .       .       .....  1888 

Penitentiary,  Laramie 1890   (b) 

Hospital  for  Disabled  Miners,  Rock  Springs     .  1890   (c) 

u  i—  i-  TT      i_        ^  Sheridan       ....      189^ 
Branch  Fish  Hatchery  <   _ 

^  Sundance        ....      1895 

Soldiers  and  Sailors'  Home,  Cheyenne  .  .  1895  (a) 
Big  Horn  Hot  Springs,  Thermoplis  .  .  .  1897  (d) 
Governor's  Residence,  Cheyenne  ....  1901  (e) 

)  Lander  .  iQO^ 

Branch  Fish  Hatchery  >   _ 

\  Saratoga       ....      1903 

Soldiers  and  Sailors  Home,  Buffalo  .  .  .  1903  (a) 
Branch  Hospital,  Sheridan 1903  (e) 

(a)  The  unfortunates  under  this  class  have  been   so  few  in 
the  State  that  the  building  has  not  been  occupied  for  this  pur- 
pose, it  being  more  economical  to  care  for  them  at  the  institu- 
tions in  other  States.    The  pupils  of  this  class  are  in  institutions 
in    Colorado   Springs,   Colo.,   Ogden,   Utah,   and   Nebraska   City, 
Neb.     (Our  male  juvenile  delinquents  are  kept  at  Colorado  In- 
dustrial School,  Golden,  and  our  female  juvenile  delinquents  at 
the   Good  Shepherd's   Industrial   School,  Denver,   Colo.)      From 
1895  to  1903  this  building  was  used  as  the  Soldiers  and  Sailors' 
Home.     The  soldiers  were  transferred  to  Buffalo,  1903. 

(b)  When   the   Territory  was   organized   there   was   no   pro- 
vision made  for  a  penitentiary,  and  our  convicted  prisoners  were 
sent   to  the   House   of   Correction,   Detroit,    Mich.     In   1872   the 


THE    CONSTITUTION    OF    WYOMING.  239 

penitentiary  was  built  by  the  government  at  Laramie  and  used 
as  a  territorial  penitentiary,  and  also  for  convicts  from  the 
United  States  Court.  Under  the  terms  of  the  Wyoming  admis- 
sion bill  the  penitentiary  became  the  property  of  the  State  and 
was  used  for  the  prisoners  until  1902,  when  they  were  transferred 
to  Rawlins.  The  Laramie  building  is  now  used  for  the  Univer- 
sity Experiment  Station  Farm. 

(c)  The  location  was  not  determined  until  the  general  elec- 
tion of  1892,  and  the  building  was  occupied  1894. 

(d)  No  buildings,  only  improvements. 

(e)  Constructed   1904. 

The  Federal  Government  building  is  located  at  Cheyenne.  An 
Act  of  Congress  of  1895  approved  of  an  appropriation  for  the 
purchase  of  a  site  for  this  building  and  the  ground  on  which  it 
is  now  located  was  ceded  by  Wyoming  to  the  jurisdiction  of  the 
United  States.  The  State  has  no  control  over  this  small  tract 
of  land  nor  over  acts  or  depredations  committed  upon  it. 


APPENDIX  C 

GOVERNORS    OF    WYOMING. 

FROM  THE  ORGANIZATION  OF  THE  TERRITORY  OF  WYOMING 
TO  ITS  ADMISSION  TO  STATEHOOD. 

DATE  OF  APPOINTMENT 

John  A.  Campbell  .  .  .  April  7,  1869. 
John  M.  Thayer  .  .  February  10,  1875. 
John  W.  Hoyt  ....  April  10,  1878. 
William  Hale  ....  August  3,  1882. 
Francis  E.  Warren  .  .  February  27,  1885. 
George  W.  Baxter  .  .  November  6,  1886. 
Thomas  Moonlight  .  .  December  20,  1886. 
Francis  E.  Warren  .  .  .  March  27,  1889. 


240  THE     GOVERNMENT    OF    WYOMING. 

SINCE  STATEHOOD. 

Francis  E.  Warren  .  .  October  n,  1890. 
Amos  W.  Barber  (a)  .  November  24,  1890. 
John  E.  Osborne  .  .  .  January  2,  1893. 
William  A.  Richards  .  .  January  7,  1895. 
De  Forest  Richards  .  .  January  2,  1899. 
Fenimore  Chatterton  (b)  .  April  28,  1903. 

(a)  Acting  Governor  upon  resignation  of  Francis  E.  Warren. 

(b)  Acting  Governor  upon  the  death  of  De  Forest  Richards. 


APPENDIX  D 

THE  SUPREME  COURT  OF  WYOMING. 
TERRITORIAL  CHIEF  JUSTICES. 

DATE  OF  APPOINTMENT 

John  \V.  Howe  '.  .  .  .  April  6,  1869. 
Joseph  W.  Fisher  .  .  October  14,  1871. 
James  B.  Sener  .  .  December  18,  1879. 
John  W.  Lacey  ....  July  5,  1884. 
William  L.  Maginnis  .  November  8,  1887. 
Willis  Van  Devanter  .  .  October  i,  1889. 
STATE  CHIEF  JUSTICES. 

DATE  OF  OFFICE 

Willis  Van  Devanter       .       October  n,  1890.* 

Herman  V.  S.  Groesbeck  .  October  15,  1890. 

Asbury  B.  Conaway     .      .     January  4,  1897. 

Charles  N.  Potter     .      .     December  8,  1897. 

Samuel  T.  Corn  .  .  .  January  5,  1903. 
*  Judge  Van  Devanter  was  selected,  with  Judges  Groesbeck 
and  Conaway  as  Justices  of  the  Supreme  Court  at  the  first  State 
election,  held  September  11,  1890.  They  all  took  the  oath  of 
office  October  11,  1890.  These  three  Justices,  elected  at  the 
first  election  by  Constitutional  provision,  classified  themselves 
by  lot.  Judge  Conaway  drew  the  eight-year  term,  Judge  Groes- 
beck the  six-year  term  and  Judge  Van  Devanter  a  four-year 
term,  and  became  the  Chief  Justice,  as  he  had  the  shortest  term 
to  serve.  He  resigned  October  15th  and  Judge  Groesbeck  be- 
came Chief  Justice. 


THE    CONSTITUTION    OF    WYOMING.  241 

APPENDIX  E 

DELEGATES  TO  CONGRESS  FROM  WYOMING 
TERRITORY. 

TERM  OF  OFFICE 

Stephen  F.   Nuckolls        .      .      .      .  1869-71 

William  T.  Jones 1871-73 

William  R.  Steele 1873-77 

William    W.    Corlett        ....  1877-79 

Stephen  W.  Downey       ....  1879-81 

Morton    E.    Post 1881-85 

Joseph   M.   Carey 1885-90 

UNITED   STATES   SENATORS   FROM   WYOMING. 

Joseph   M.   Carey        .-     .      .      .      .  1891-95 

Francis  E.  Warren 1891-93 

Francis  E.  Warren  (a)      ....  1895-1901 

Clarence  D.  Clark       .      .      .      ,      .  1895-99 

Clarence   D.   Clark 1899-1905 

Francis  E.  Warren 1901-07 

UNITED  STATES  REPRESENTATIVES  FROM 
WYOMING. 

Clarence  D.  Clark 1890-93 

Henry  A.  Coffeen 1893-95 

Frank    W.    Mondell         ....  1895-97 

John   E.  Osborne 1897-99 

Frank    Wr.   Mondell         ....  1899-1905 

(a)     The    Legislature   failed   to   elect   a    Senator   in    1893,   and 
for  two  years  Wyoming  had  but  one  Senator. 


242  THE     GOVERNMENT    OF    WYOMING. 

APPENDIX  F 

STATE  ELECTIVE  OFFICERS. 

TERM  EXPIRES 

United  States        (      Francis  E,  Warren,  March  4,  1907. 
Senators  £      Clarence  D.  Clark,  March  4,   1905. 

Representative  in  Congress,  Frank  W.  Mondell, 

March    4,    1905. 

Governor,  Fenimore  Chatterton  .  (a)  January  2,  1905. 
Secretary  of  State,  Fenimore  Chatterton,  January  3,  1907. 
Treasurer,  William  C.  Irvine  .  .  .  January  2,  1905. 

Auditor,  Le  Roy  Grant January  3,  1907. 

Supt.  Public  Instruction,  Thomas  T.  Tynan,  January  3,  1907. 

Chief  Justice  Supreme  Court,  Samuel  T.  Corn,  Jan.  2,  1905. 

Associate       (    Jesse   Knight        .      .     January   2,    1907. 

Justices         ^    Charles   N.   Potter      .      January  2,   1911. 

/     Richard  Scott,  1st  Dist..       January  4,  1909. 

District          1      Charles  E.  Carpenter,  2d  Dist.,  Jan.  4,  1909. 

Judges          \      David  H.  Craig,  3d  Dist.,  January  2,  1905. 

'      Joseph   L.    Stotts,   4th,   Dist.,   Jan   2,  1905. 

(a)     Acting   Governor,  the   Secretary  of   State  becomes   Gov- 
ernor when  a  vacancy  occurs  in  that  office. 


INDEX 


Accessories,  to  crime,   131. 
Acting  Governor,  77. 
Acre  foot  of  water,   158. 
Adjutant-General,   118. 
Administration  of  Affairs,  123. 

of  Justice,  125. 

Adoption  of  Constitution,  233. 
Adulterated  foods,  190. 
Agricultural  College,  146,  152. 

land,   147,  148. 

Agricultural  Department,   159. 
Agriculture,  Secretary  of,  179. 
Albany  County,  50,  69,  169. 
Aliens,  73. 

made  citizens,  86,  87. 

prohibited,   116. 
Amendments    to    Constitution,    74 

232. 

American  Domain,  19. 
Animals,  194. 

Animal  Industry  Bureau,  179. 
Annexations,    n. 
Annual  school  elections,  149. 
Appeals,  85. 

Appelate  Jurisdiction,  85. 
Appointive  officers,   80. 
Apportionment,  208. 

legislative,  69. 

school  funds,  105,  149. 
Appropriations,  103. 

of  water,  116. 
Arapahoes,  45. 

Articles  of  Confederation,  62. 
Arbitration,  73,  89,  231.  232. 
Arbor  Day,  153. 

holiday,    153. 
Arid  land,   155. 

acceptance   of,    114. 
Arrest,  130. 
Ashley,  Wm.,  39. 
Astor,   John  Jacob,   38. 
Assessor,  172. 
Attorney-at-law,    191. 

City,    167. 

County,  172. 

General,  80,  176. 

Prosecuting,   172. 
Auditor,    107,   109. 
Australian  Ballot,  95,  136. 


Bail,   131. 

Ballot    Box,    141. 

official,    140. 
Big  Horn  County,  50,  169. 

forest  reserve,   159. 

Hot    Springs,    192. 
Bill  of  Rights,  61. 
Bills   in  the  Legislature,   72. 

signed,  73. 
Bird  Day,   153. 
Birds,    152. 
Board  of  Arbitration,  89,  231. 

Charities  and  Reform,  81.   192. 

Control,    193. 

Equalization,    193. 

Health,    188. 

Law  Examiners,   191. 

Live  Stock  Commissioners,   177. 

Sheep  Commissioners,  178. 

Schools,    149. 
(see  State  Boards.) 
Bonneville,  Capt.,  40,  41. 
Booths  for  Election,   139. 
Bosses,  135. 
Boundaries  of  State,  224. 

Wyoming,  30. 
Bounty  on  Animals,  179. 
Boys,  age  limit  for  work,   116. 
Brands,   stock,   178. 
Bribery,  99,  100. 
Bridger,  James,  39. 
Buildings   of   State,    114,    120.   220. 

238. 
Bureau  of  Animal  Industry,   179. 

Forestry,    159. 
Business  College,  152. 

Candidates,    138,    139. 

Capitol,    120. 

Carbon  County,  50,  69,  169. 

Carey  Act,   157. 

Carey,  Joseph  M.,  53.  56. 

Carson,  Kit,  40. 

Carter   County,    50. 

Caucus,   135. 

Census,  74,  172. 

Certificates  of  Teachers,   150. 

Challenge,    129. 

Change  of  Venue.   132. 


244 


INDEX 


Charitable  and  Penal  Institutions 
219. 

land,    147. 

Charities  and  Reform  Board,  192. 
Chemist,   State,   189. 
Chief  Justices,  240. 
Children,  age  limit  for  work,  116. 

in  schools,   105. 
Christmas,  a  holiday,  153. 
Chronology  of  Events,  16. 
Cigarettes,    190. 
Citizens,  aliens,  86. 

employed  on  State  work,  1 16. 
Citizenship,  restored,  81. 
City,  clerk,  166. 

government,   165. 

officers,    166. 

power,  167. 
Civil  Action,   128. 
Civil  Case,  128. 
Clark,  Wm.,  35,  39. 
Classes  of  Counties,  112. 
Clerk,   City,   166. 

County,  170. 

District  Court,  174. 
Colter,  John,  38,  41,  193. 
Collectors  of  Birds  and  Eggs,  152. 
Commissioners,  County,   170. 
Commission  of  Pharmacy,  191. 
Common  Law,  126,  127. 
Common  School  Funds,  105. 
Complaint,   128. 
Congressional  Delegates,  241. 

Representatives,  97,  241. 
Constitution,  amended,  74. 

adopted,   233. 

of  United  States,  63. 

of  Wyoming,  59,  199. 
Constitutional  Convention,  54. 
Contagious  diseases,  177,  188. 
Contract  prohibited   exempting 

liability,    116. 
Contract  of  laborers,  231. 
Converse  County,  50,  69,  169. 
Crime,    130. 
Criminal  cases,  128. 
Crook  County,  50,  69,  169. 
"Crossmark,"  141. 
Councilmen,    165. 

election  of,   140. 
Counties,  50,  69. 

formed,   73,   74,    169. 


County,  government,   168. 

libraries,    180. 

officers,    140,   226. 

organization,    224. 

seats,    169. 

Superintendent  of  Schools,  149. 
Court  Commissioners,  88. 

decisions,   127. 

of    impeachment,    83. 

stenographer,   84,   87. 
Coroner,    173. 

Corporations,  cities,  114.  117,  118, 
1 66,  222. 

Day's  work,  116. 

Dakota,  28,  29,  50. 

Deaf,    Dumb   and    Blind   Asylum, 

lands,   147. 
Debts,   103. 

definition  of,  104. 
Decisions  of  the  court,  127. 
Declaration  of  Independence,  61. 

of  Rights,  64,  65,  66,  153,  199. 
Decoration  Day,  a  holiday,  152. 
Defendant,    128. 

Delegates  to  Congress,  48,  241. 
Demurrer,   128. 
Denominational     schools,     money 

for,  prohibited,  91. 
Dentistry,   191. 

Derivation  of  county  names,  50. 
Desert  Land  Act,  157. 
Distribution  of  powers,  202. 
Diseases,  contagious,  177,  178,  188. 
District  Courts,  128. 

Clerk,  174. 

Judges,  75,  85,  140. 
Donations,   230. 

of  land,   146. 
'Due  Process  of  Law,"  125. 

Education,  91,  92,  144,  217. 
Educational     Institutions,     lands, 

147. 

Eggs,  birds,  152. 
Eight  hours,  day's  work,  116. 
Elections,  95,   135,  215. 
Eminent    domain,    115. 
Engineer,    City,    167.  , 

State,  in. 

English  law,  126,  127. 
Enrollment  of  school  children,  105. 


INDEX 


Epidemics,    188. 

Equalization,   Board   of,    104,    172, 

193- 

Equity,  cases  of,  87. 

Estrays,   178. 

Examination  questions,   122. 

of   teachers,    150. 
Examiners,  law,  191. 

State  Board  of,  150. 
Executed  judgment,  130. 
Executive  department,  77,  208. 
Experiment  stations,   148. 
Explorers,   35. 
Explosives,   190. 

Felonies,    130. 
Finances  of  State,   103. 
Fish,    182. 

hatchery,    182,   238. 

lands,   147. 
Fishing  season,   185. 
Flag,  school  buildings,  153. 

United  States,  119. 
Food,    pure,    189. 
Forest  reserves,   155,   159. 

Big  Horn,  155. 

Medicine   Bow,    155. 

Yellowstone,    155. 
Fort  Bridger,  39,  41,  43,  45,  46. 

Casper,  42. 

Fetterman,  42. 

Laramie,  41,  42,   149. 

Phil    Kearney,    45. 

Washakie,  40. 
"Forty  Miners,"  42. 
Fourth  of  July,  a  holiday,  153. 
Frame  of  government,  64,  66. 
Franchise,  91,   117,    135. 
Free  text-books,  92,   152. 
Fremont,  41. 

Fremont  County,  50,  70,   169. 
French  rule,  18,  26. 
Funds,    103. 

Gads  den    Purchase,    11. 
Gambling,    190. 
Game,   188. 

\Yarden.  80,   185. 
General    elections.    139. 

election  day.  a  holiday,   152. 
Geological  survey.  159. 

Geologist,    222. 


Girls,   work  prohibited   in   mines, 

116. 

Good  government,   133. 
Government,    164. 

city,  165. 

county,  1 68. 

reservoirs,    158. 

school  districts,   164. 

State,    176. 

town,    164. 
Governor,  77,  107. 

commander-in-chief,  118. 

first  of  Wyoming,  48. 

power  of,  81. 

qualifications,  77. 

salary,  77. 

vacancy,    77. 

vote  a  tie,  74. 
Governors,  list  of,  239. 
Graduates,   teachers,    150. 
Grand  jury,  101. 
Grants  of  land,   114. 
Grouse,   186. 
Guards,  National,   118. 

Habeas  Corpus  Act,  61,  85,  131. 
Hatch  Act,  148. 
Health,   188,  220. 

examiners,  190. 
Hebard,  Frederic,  S.,  95. 
High   schools,    151. 
Historical  Society,  182. 
Holidays,  152. 
Homestead  Act,  157. 

Right,   102,  232. 
Hospital,  lands,   147. 
House  of  Representatives,  69. 
Humane  treatment  of  animals,  152. 
Hunt,  Wilson  P.,  38,  39,  41. 
Hunting  season,  188. 
Hygiene  must  be  taught,  152. 

Illustrations, — 

Annexations,   13,  22. 

Capitol,  i. 

Cheyenne  Library,  183. 

Forest  Reserves,   161. 

Game    Bird,    187. 

Indians,  45. 

Library.  183. 

Maps,    13.  22. 

Xortli    Pincy    Lake.    161. 


246 


INDEX 


Illustrations — Continued. 

Section,   145. 

Township,   145. 

University  Buildings,  93. 
Impeachment,  81,  83,  99. 
Indebtedness,  228. 
Indian  lands,  115. 
Indians,  laws  governing,  45,  47. 
Indictments,  101,  131. 
Independence  Rock,  40. 
Information,    128. 
Injury  in  mines,  101. 
Insane  Asylum,   120. 

lands,  147. 

Inspector  of  Mines,  222. 
Insolvency,   cases   of,   87. 
Interchangeable  powers,  90. 
Investment  of  State  money,   106. 
Issue,   128. 
Irrigation,    155,  220. 

acreage,  115. 

Jackson  Hole,  40. 
Jefferson,  Thomas,  32,  35,  37. 
Johnson  County,  50,  70,  169. 
Judges  of  District  Court,  85. 

eligibility,  86. 

salary,  86. 

term,  86. 

Judges  of  the  Supreme  Court,  83, 
85,   107,  240. 

qualifications,  84. 

salary,  83. 

term,   83. 
Judgment,   130. 
Judicial  department,  83,  211. 

districts,      85. 
Jurisdiction,  85. 
Jury,  petit  and  grand,  101,  129. 
Justice,  administration  of,   125. 

of  the  Peace,  88,   127,   173. 

Supreme  Court,  240. 

Kindergartens,    151. 

Labor,  114,  116,  227,  231. 
Lake  De  Smet,  reservoir,  158. 
Land,   114,   146,  230. 

acreage,   115. 

Agricultural    College,    146. 

Boards,    192. 

Commissioners,    114. 


donations,   147. 

grant  colleges,  147,  148. 

offices,   146. 

La  Ramie,  Jacques,  42. 
Laramie  County,  50,  169. 

derivation  of  name,  42. 
Law,  cases  of,  87. 

examiners,  80,  191. 
Lawyers,  191. 
Leased  school  lands,  146. 
Legal  holidays,  152. 
Legislative     Department,     69,     70, 

202. 
Legislature, — 

compensation,  71. 

date  of  meeting,  73. 

length  of  sessions,  72. 

members  of,  107,  140. 

prohibited,   7. 
Levy  limit  of  taxes,  104. 
Lewis  and  Clark,  35,  39,  40. 
Liberal  Arts,  College  of,  152. 
Librarian,   State,   180. 
Libraries,    180. 

Albany  County,  181. 

Carnegie,  180. 

Cheyenne,   181. 

city,    181. 

county,  180. 

Evanston,  181. 

Laramie,  181. 

Miscellaneous  State,  180. 

Sheridan,   181. 

State'  law,   181. 

Uinta  County,  181. 

University,    182. 
Limit  of,  levy  of  taxes,   104. 
Lincoln's  Birthday,  a  holiday,  152. 
Live  stock,  231. 

Commissioners,    177. 
Livingston,   Robert,   32. 
Location  of  public  buildings,  120, 

238. 

Louisiana  Purchase,  n,  12,  25,  27, 
31- 

Magna  Charta,  60,  65. 
Making  of  Wyoming,  27. 
Mandamus,  85. 
Marshall,   City,    167. 
Mayor,   140,  165. 
Mechanical   College,  152. 


INDEX 


247 


Medical  examiners,  80,   190. 
Medicine    Bow    Forest    Reserve, 

159- 

Mexican  Cession,  u. 
Mexico,  20,  28. 

secession  of,  25. 
Militia,   114,   118. 
Mines  and  mining,  221. 
Mining,   221. 

Minimum  price  of  State  land,  146. 
Minors,    190. 
Miscellaneous   State  Library,   147, 

180. 

Misdemeanors,  130. 
Mississippi  region,   18. 
Money  for  schools,  157. 

of  State,   106. 
Monopoly,  117. 
Monroe,  James,   32. 
Morals,  220. 
Mormons,  42. 
Morrill  Act,  147,  148. 
Morris,   Mrs.   Esther,  49. 
Motto  of  Wyoming,  83. 

of  University,  83. 
Municipal    corporation,    116,    117, 

225. 
Musical  College,   152. 

Napoleon    Bonaparte,   32. 
National   Guards,   118. 

Park,    193. 

Natrona  County,  51,  70,  169. 
Naturalized  citizen,  87. 
Nests,  birds,    152. 
New  World,  16. 
New  Year's  Day,  holiday,  152. 
Nomination    of    candidates,     135, 

139- 

Normal  School,   152. 
Northern  continent,  17. 
Northwest,  17. 

Oath  of  office,  107. 
Officers  of  the  County.  170. 

of  the  State,  80,  107.  242. 
Official   ballot,    140. 

oath,  107. 

Open  season  for  game,  188. 
Ordinances,   65.   66. 

to  constitution,  236. 


Oregon    Country,    n,    12,    19,    25, 

.  28'  39- 
Original  jurisdiction,  85. 
Overland  trail,  39,  42, 
Oxford  scholarship,  95. 

Pardons,  81. 

Parker  and  Whitman,  40. 
Pathfinder  reservoir,    158,    159. 
Patriotism,  flags  in  school  build- 
ings, 153. 
Party  tickets,   140. 
Peace,  justices  of,  173. 
Pease  County,  50. 
Penal  Code,  89. 

institutes,   147,  219. 
Penitentiary,    120. 

lands,  147. 

Permanent  location,  public  build- 
ings, 120. 

Personal   rights,    IOT. 
Petition  of  rights,  61. 
Petit  jury,   101. 
Pharmacists,    191. 
Pharmacy    Commissioners,   80. 
Philippines,   119. 
Physiology  must  be  taught,  152. 
Pike,  Zebulon,  38. 
Plaintiff,  128. 
Platform,    138. 
Plea,   131. 
Police  power,  231. 
Political  machines,   135. 
Polling  place,  139. 
Poll  tax,    104,  227. 
Pony  express,  43. 
Poor  farm  lands,  147. 
Population,    51. 
Powers,    interchangeable,    90. 
Preamble.  65,   199. 
President  of  Senate,  73. 
Presidential  Electors,  97,   140. 
Price  of  State  lands,  114. 
Primaries,   135,   137. 
Principal,   to   crime,    131. 
Prior  appropriation  of  water,   116. 
Private   corporation,    117. 

property,    115. 

schools,    105. 
Probate,  cases  of,  87. 
Property   rights,    101. 

without  taxes.  103.. 


248 


INDEX 


Prosecuting  Attorney,  172. 
Protection  for  laborers,  101,  116. 
Public  buildings,  81,  114,  120,  220. 

donations,    230. 

health,  220. 

indebtedness,  228. 

lands,  230. 

morals,   220. 

works,  231. 
Pure  food  law,   189. 

Quarantine,   189. 

Questions,  67,  75,  81,  go,  97,  102, 
106,    112,    121,    122,    134,    142, 

153,  1 60,  174,  194- 
Quo  warranto,  85. 

Railroads,  117,  223. 
Reel,  Estelle,  49. 

References,  56,  67,  76,  82,  90,  98, 
102,    106,    113,    121,    134,    142, 

154,  163,    175,    195- 
.Reformatory  institutions,   129. 

lands,   147. 

Register  of  land  board,   192. 
Registration,  136,  138. 
Religion,    money    for,    prohibited, 

91. 

Rent  of  school  lands,   146. 
Representatives    in    Congress,    97, 

140,  241. 
Requisition,  130. 
Reserves,  forest,  155,  159. 
Reservoirs,  158. 
Restoration  of  citizenship,  81. 
Restriction  upon  legislation,  71. 
Revenue,  103,  227. 
Rhodes'  scholarship,  95. 
Rights,  99. 
Rulers  over  Wyoming,  26. 

Sacajawea,  35. 
Salaries,  225. 

of  judges,  75. 
Sale  of  State  lands,  114. 
Saloons,  190. 
Scale,   178. 

Schedule,  64,  66,  233. 
School  age,  92. 
School  boards,  149. 

children,    105. 

districts,    148. 


government,   164. 

elections,    149. 

funds,   105. 

lands,  114,  146. 

Land   Commissioners,    114. 

laws,   144. 

money,  151. 

sections  of  land,  144. 

of  Mines,  152,  221. 

of  Music,   152. 
Scratched  ticket,   14. 
Secretary  of  Agriculture,   179. 

of  State,  77,  107,  108. 
Sectarian  schools,  money  for,  pro- 
hibited, 91. 
Section  of  land,  145. 

16  and  36,   144,   145. 
Senate,    69. 
Senators,  United  States,  56,  75. 

Wyoming,   20. 
Sheep,  178. 

Commissioners,    178. 
Sheridan  County.  51,  70,  169. 
Sheriff,  County,  171. 
Shoshones,  47. 

Shoshone   Reservoir,    158,    159. 
Signers  of  Constitution,  237. 
Smallpox,   189. 
Soldiers  and  Sailors'  Home,  lands, 

147. 

Soldiers,  Spanish  War,   119. 
South  Pass,  39,  40,  42. 
Spanish  rule,  16,  26. 

War,    119. 

Speaker  of  the  House,  73. 
Special  sessions  of  legislature,  78. 
State  Boards,  no. 

Capitol    Building    Commission, 

no. 

Charities  and  Reforms,  no,  192. 
Condemnation  of  sale  of  useless 

State  property,   no. 
Control,   156. 
Equalization,    104,   no. 
Examiners  for  Teachers,  150. 
Health,  80,  188. 
Health  and  Medical  Examiners, 

190. 

Land    Commissioners,    no.    114, 
158. 


INDEX 


249 


State  Board  of  School  Land  Com- 
missioners, no,  114. 

Water  Control,  80. 

Buildings,    114,    120,   220,   238. 

Chemist,  189. 

Constitutions,  divisions  of,  64. 

Engineer,  80,  in,  116,  155. 

Examiner,  80,  no,   176. 

Finances,  103. 

Game  Warden,  185. 

Geologist,  80,   ill,  222. 

Government,  176. 

Holidays,    152. 

Librarian,  80. 
Statehood,   52. 
State  Inspector  of  Mines,  80,  in. 

institutions,  lands,  147. 

lands,   114. 

not  taxed,  115. 

land,  price  of,  146. 

Law  Library,   180. 

militia,  229. 

of  Wyoming,  53,  64. 

officers,  80,  107,  242. 

revenue,  227. 

Superintendent    of    Public    In- 
struction,  151. 

Veterinarian,  80. 
Stenographer,   87. 

court,  84. 
Stock,    177. 

Commissioner,  80.  177. 

raising,  51. 

Stuart,  Robert.  39,  41. 
Suffrage,  214. 

woman's,   48. 
Superintendent   of, — 

County  Schools,    149. 

Fish  Hatcheries,  80. 

Public  Instruction.  92.  107.  109. 

Schools,  172. 
Supreme  Court,  83,  128,  240. 

Judges,  election  of,   140. 
salary,  75. 

sessions,  84. 
Supreme  law  of  State.  60. 

United    States,   84. 

Wyoming,    84. 
Surveyor,   County,    171. 
Sweetwater  County,  50,  51,  169. 


Taxation,  227. 

property    exempt,    103. 
Taxes,  103,  193. 

limited,    104. 

poll,  104. 

power  to  levy,  103. 
Teachers'  certificates,  150. 

examinations,    150. 

examination  questions,  122. 

institutes,   150. 
Territory  organized,  44. 

to  State,  42,  234. 

of  Wyominjg,  42. 
Texas,  25,  29. 

annexation,  II,  25. 
Text-books  free,  92,  152. 
Thanksgiving  Day,  a  holiday,  153. 
Tickets,  voting,   140. 
Timber  Act,  159. 
Tobacco,  190. 
Torrey  Cavalry,   119. 
Town  meeting,  135. 

government,  164. 
Township,   144,    145. 
Transfer  of  territory  to  State,  234. 
Treason,  99. 
Treasurer,  City,  167. 

County,  171. 

State,   107,   109. 
Treaty  with  Indians,  45. 
Trial  by  jury,  129. 
Trustees,  Historical  Society,  81. 

schools,  80,  149. 

University.  95. 

Uinta  County,  51,  70,  169. 
Unconstitutional   law,  84. 
Union  Pacific  Railway,  43,  44. 
United    States,— 

land  offices,  146. 

Representatives,  241. 

Senators,  56,  75,  241. 

Supreme  Court,  128. 
University,  95,   120,   147,   148,   151, 
152,   219. 

graduates,  150. 

lands,   146. 

Trustees,  151,  189. 
Unwritten    constitutions,   64. 


250 


INDEX 


Vacancies    in   office,    112. 
Verdict,   129. 

Verendrye,  De  la,  38,  41. 
Veterinarian,   177. 
Venue,    132. 
Veto   power,   79. 
Voting,  96,  135. 

Warden,  Game,  185. 
Warren,  Francis  E.,  56. 
Washakie,  Chief,  46,  47. 
Washington's  Birthday,  a  holiday 

152. 
Water,    114,    155. 

appropriation,    116. 

constitutional  enactment,  116. 

prior  appropriation,  116. 

property  of  State,  116,  220. 


Weights  and  measures,  180. 
Weston  County,  51,  70,  169. 
Whitman  and  Parker,  40. 
Wild  animals,  179. 

game,  188. 

Wind  River  Reservation,  45. 
Woman  suffrage,  48,  96,  137. 
Women,  prohibited  from  work  in 

mines,    116. 

Wyoming  Development  Co.,   159. 
Wyoming  Historical   Society,   182. 
Wyoming,  meaning  of,  43. 
Wyoming  National   Guards,   118. 
Wyoming,  a  State,  53,  55. 

Yellowstone    National    Park,    37, 

193- 
forest  reserve,  159. 


List  of  Educational  Publications 

...OF... 

THE  WHITAKER  &  RAY  COMPANY 

San  Francisco 

Complete  Descriptive  Circular  sent  on  application 

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Algebraic  Solution  of  Equations— Andre  and  Buchanan     -        -        -  $0  80 

An  Aid  to  the  Lady  of  the  Lake,  etc.— J.  W.  Graham                  -  25 

Amusing  Geography  and  Map  Drawing— Mrs.  L.  C.  Scbutze  -  1  00 

Brief  History  ot  California— Hittell  and  Faulknei    ....  50 

Current  History— Harr  Wagner 25 

Civil  Government  Simplified— J.J.Duvall 25 

Complete  Algebra— J.  B.  Clarke          ...  1  00 

Elementary  Exercises  in  Botany— V.  Rattan  .....  75 

Grammar  by  the  Inductive  Method— W.  C.  Doub  25 

Heart  Culture— Emma  E.  Page 75 

How  to  Celebrate— J.  A.  Shedd 25 

Key  to  California  State  Arithmetic— A.  M.  Armstrong        -  1  00 

Key  to  West  Coast  Botany— V.  Rattan          -       -       -       .       -        -  1  00 

Lessons  Humane  Education— Emma  E.  Page— per  part  ...  25 

Lessons  in  Nature  Study— Jenkins  and  Kellogg 1  00 

Lessons  in  Language  Work — Susan  Isabel  Frazee  ....  50 

Manual  of  School  Law— J.  W.  Anderson 1  25 

Matka— David  Starr  Jordan 75 

Moral  Culture  as  a  Science— Bertha  S.  Wilkins           -       -       -       -  1  00 

'  Nature  Stories  of  the  Ndrth-West— Herbert  Bashford    -  50 

New  Essentials  of  Book-keeping— C.  W.  Childs          ....  75 

Orthoepy  and  Spelling— John  W.  I mes— per  part        ...  20 

Poems  for  Memorizing — Alice  R.  Power         ......  60 

Paper  and  Cardboard  Construction — A.  H.  Chamberlain      •  75 

Pacific  History  Stories— Harr  Wagner           ......  50 

Pacific  Nature  Stories— Harr  Wagner 50 

Patriotic  Quotations — Harr  Wagner         .......  40 

Readings  from  California  Poets— Edmund  Russell         ...  25 

Science  Record  Book— Josiah  Keep 50 

Shells  and  Sea  Life— Josiah  Keep 50 

Stories  of  Oregon— Eva  E.  Dye         ....               ...  50 

Supplement  to  State  History — Harr  Wagner    .....  25 

Spanish  in  Spanish      ----.-.-...125 

Spanish  Phonography— 1. 1.  Ferry 1  00 

Story  of  Evangeline—L.  H.Vincent 25 

Stories  of  Our  Mother  Earth— H.  W.  Fairbanks      ....  50 

Studies  in  Entomology— H.  M.  Bland 50 

Study  of  the  Kindergarten  Problems— F.  L.  Burk         ...  50 

Tales  of  Discovery  on  Pacific  Slope— M.  G.  Hood  50 

Tales  of  Philippines— R.  Van  Bergen   -------  50 

Topical  Analysis  of  United  States  History— C.  W.  Childs     -       -  75 

Topical  Discussions  of  American  History— W.  C.  Doub    -       -  60 

Toy  on  Holiday  Recitations— Allie  M.  Felker 35 

West  Coast  Shells— Josiah  Keep 1  75 

LATEST   ISSUES 

Browne's  Graded  Mental  Arithmetic— Frank  J.Browne         -       -  30 

New  Pacific  Geography  — California  Edition  — Harr  Wagner    -  100 
Practical  Aids  to  Literature,  No.  i— Irving's  Selections— J.  W.  Graham  25 


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